STATE  OF  CALIFORNIA 
DEPARTMENT  OF  PUBLIC  WORKS 

DIVISION  OF  ENGINEERING  AMD  IRRIGATION 


BULLETIN  No.  7  . 

California 


Irrigation  District  Laws 


AS  AMENDED 


1923 


COMPILED  BY 

CALIFORNIA  STATE  LIBRARY 

AND  REVISED  BY 

LEGISLATIVE  COUNSEL  BUREAU 


CALIFORNIA  STATE  PRINTING  OFFICE 

FRANK  J.  SMITH,  Superintendent 

SACRAMENTO     1023 


27968 


TABLE  OF  CONTENTS. 

Page 

IXTRODUCTIOX   5 

List  of  irrigation  districts  as  of  July  1,  1923 6 

Outline  of  procedure  for  the  formation  of  a  Wright  Irrigation  District 8 

I.  COXSTITUTIOXAL  PROVISIOXS 9 

Taking  immediate  possession  in  eminent  domain  proceedings 9 

Acquiring  stock  in  foreign  corporation 9 

Legislative  power  to  provide  for  supervision  of  districts 10 

Pa\Tnent  of  bonds 10 

Bonds  exempt  from   taxation 10 

Water  and  water  rights,  appropriation  for  distribution  is  a  public  use 10 

II.  STATUTORY  PROVISIOXS 11 

California    Irrigation    District    Act 11 

Organization    11 

Election   on   organization IS 

Duties  and  powers  of  board  of  directors 20 

Water  regulations 24 

General    elections    25 

Title  to  property 33 

Issuance   of   bonds 33 

Assessment    for   completion   of   works 40 

Duties  of  assessor 41 

Equalization  of  assessment 42 

Levj-  and  collection   of   taxes 43 

Publication  of  delinquent  notice 4S 

Sale  for  delinquent  taxes 4S 

Redemption  of  property  sold  for  delinquent  taxes ■ 50 

Redemption  of  bonds  and  payment  of  interest 52 

Construction   of   works 53 

Governing  directors 56 

Special  assessments 56 

Incurring  indebtedness   57 

Governing  the  use  of  water 59 

Exemption  from  taxation — creation  of  funds 60 

G«neral  provisions   60 

Exclusion    of    lands 63 

Inclusion   of  lands 67 

Reduction  of  bonded  indebtedness 71 

Lease  of  water 71 

Destruction  of  unsold  bonds 73 

Saving  clauses 73 

Assessments,  payment  in  two  installments 76 

Assessment  of  public  land  subject  to  entry 7S 

Bond    Certification    Commission 79 

Bonded  indebtedness,   refunding 84 

Canals  and  works,  protection  of . 85 

Consolidation  of  districts 86 

Cooperative  agreements  with  districts  in  other  states 89 

Cooperation  under  federal  twenty  year  extension  act 91 

Cooperation  with  federal  government  for  construction,  operation,  or  mainte- 
nance of  works 92 

Dams,  supervision  of 96 

Dissolution  of  district,  voluntary 98 

Dissolution    of   district,    involuntary 103 

Drainage 105 

Electric    power,    development    of 106 

Rights  of  way  for  power  lines 107 

Highways,   injuries  to 108 

Materials  and  supplies,  manufacture  by  district 109 

Public    use,    irrigation    is 110 


TABLE  OF  CONTENTS-  Continued. 

Water  distric-t.   inclusion  of  territory  already  in  irrigation  district  ^ni 

Water  Storasf    District   Act,    California ^21.1  i]o 

State    enffineer    --   ^   -    -  _  ll_ 

Organization    

Board  of  directors  and  report  of  board  on  proj"ectI~I~"'Iir"I"riI"'  lis 
Proceedings  of  State  Engineer  subsequent  to  report  of  bVarl'oTdirTcVo'rs  12r 

Payment    of   assessments *   * 

Supplemental   assessments ^_  ,", 

Bonds    ] 1^' 

Powers  and  duties  of  board  of  directors-I  ll^l^^i^^  iff 

General    elections ~ 

Special    elections "~  '*'*** 

General    provisions     _^ "_III  ^^^ 

Water  Conservation   District  Act,   California..."   Iiril""!""  }  =  ! 

State   Irrigation    Board '_  ~     " 

Organization    of  district I... I l^* 

Water  and  power  survey _^ "  . 

Apportionment  of  benefits  and  cost I I'"III"IIII  1?» 

Election  for  formation  of  district l_'_ if„ 

Board   of  directors 

Issuance    of    bonds ^^^ 

Powers  of  board  of  directors '_ Illl'I'IIIIIIiri"  Jfr 

Assessments  and  apportionment  of  costs I l.t 

Certification    of    bonds ~   " 

General   provisions "  ^*® 

170 

APPENDIX   

174 

INDEX    ... 

_ ^^^ 


INTRODUCTION. 

The  rapid  espansiou  of  the  irrigated  area  in  California  whifh  has 
occurred  diiriny  the  past  decade,  has  largely  been  through  the  organi- 
zation of  irrigation  districts  under  the  state  law  commonly  known  as 
the  "Wright  Act.""  The  Wright  Act  was  originally  passed  in  1887. 
Each  succeeding  legislature  passed  amendments  of  more  or  less 
importance,  but  the  fundamental  ob.iections  to  this  act  were  not  cor- 
rected until  1897.  Under  the  legislative  leadership  of  Judge  E.  A. 
Bridgford.  a  new  act  was  passed  which  did  not  alter  the  essential  pur- 
l)ort  of  the  law  and  in  many  of  its  provisions  was  but  a  slight  revision 
in  verbiage  of  the  (u-iginal  act.  However,  radical  changes  made  in  the 
]n-ocedure  for  organizing  the  districts  and  in  incurring  indebtedness, 
had  tlie  effect  of  .stopping  the  organization  of  new  districts. 

ilany  amendments  and  supplementary  acts  have  been  pa.ssed  to  the 
Hridgford  Act  by  legislatures  .since  1901  and  particularly  since  1909. 
The  more  essential  changes  have  been  as  follows: 

1.  Requiring  petitions  for  the  formation  of  irrigation  districts  to 

be  referred  by  the  board  of  supervisoi-s  of  counties,  to  the  .stale 
engineer  for  report,  and  giving  the  state  engineer  ninety  days 
in  which  to  '"ri'iiort,  make  or  cause  to  be  made  such  prelim- 
inary investigations  as  may  he  practicable,  with  a  view  to 
determining  the  feasibility-  of  the  project  propo.sed  to  be 
undertaken. ' ' 

2.  Creating  an  irrigation  district  bond  connnission,  composed  of  the 

state  engineer,  state  superintendent  of  banks,  and  the  attorney 
general  of  the  state,  which,  prior  to  bond  elections,  must  pass 
on  proposed  bond  is.sues,  and  which  may  certify  bonds  thwt 
have  been  voted  in  whole  or  in  part,  so  as  to  make  them  legal 
investments  for  funds  of  banks,  insurance  and  trust  companies, 
trusts  and  state  school  funds,  and  so  as  to  permit  them  to  be 
used  as  security  for  the  performance  of  any  act  the  same  as 
bonds  of  cities,  counties,  school  districts  or  municipalities. 

3.  Permitting  the  organization  of  districts  to  be  proposed  by  500 

petitioners,  each  petitioner,  to  the  number  of  at  least  500,  to  bo 
an  elector  residing  in  the  proposed  district  or  the  holder  of 
title  or  evidence  of  title  to  land  therein. 

•4.  Reducing  the  number  of  votes  necessary  to  carry  the  organizaticm 
of  an  irrigation  district  frjm  two-thirds  to  a  majority  of  all 
votes  cast. 

5.  Permitting  boards  of  directors  of  districts  to  call  bond  elections 
to  cover  expenditures,  approved  by  the  irrigation  district  b(nid 
commission,  without  ])etition  of  the  landown(>rs,  as  necessary 
from  1897  to  1919,  but  re(|uirinu'  ;i  two-tliirds  instead  of  a 
majority  vote  to  carry  such  electiiuis. 

There  are  now  seven  active  irrigaticn  districts  that  were  organized 
prior  to  1897  btit  none  originated  during  the  years  1897  to  1909. 
Beginning  in   1909,  districts  have  been  organized  at  an  increasingly 


6 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 


i-apitl  rati'  until  at  present  there  are  ninety-six  aetive  distriets  In  (Jitli- 
fornia,  eoniprising  a  total  area  of  4,000.000  acres.  This  is  about  two- 
thirds  of  the  entire  area  under  irrigation  in  California.  The  great  bulk 
of  this  development  has  occurred  sines  inclusions  have  been  made  in  the 
Jaw  for  state  supervision  in  the  organization  of  the  districts  and  in 
financing  and  constructing  their  projects. 

With  the  near  completion  of  all  the  simpler  pro.jects  whose  works 
consist  for  the  most  part  of  diversion  dams  and  dlstrilnition  canals, 
necessit.v  has  arisen  for  the  organization  of  large  areas  In  single  enter- 
prises that  overlap  areas  already  oi'ganized  in  Irrigation  districts.  The 
"Water  Storage  District  Act"  "of  1921,  and  the  "Water  Conservation 
District  Act"  of  1923  have  resulted. 


Irrigation  Districts  as  of  July  1,  1923. 


Narae  of  district 


County 


Alpaugh   

Alta    

AncIerson-CottoDwood 

Baker  

BantaCarbona* 

Haxler   Creole   

Beainnont    

lirentwood    

Browns    Valley 

Butte    Valley* 

Byron-Bethany 

Camiichael   

Citnis  Heights  

Coniiiton-Dclevan   

Consolidated    

Corcoran    

Cordua    

Crooks  Canyon*  

KI    Caniino* 

El  Solyo* 


l'"n]r   Ool'P 

lall  River  Valley 

Feather   River 

Foothill    

Fresno    

Glenn-Colusa   

Grenada   

Happy   Valley 

Hollister  

Honeut-\iiha  

Honey  Lake  Valley' 

Hot    Simngs    Valley 

TmperiTl   

Island  No.  3 

Jacinto    

.lames    

Kasson    — r 

Klaniath-Shastn   Valley_. 

Knightsffn    

Ladera"    

Laguna  - 

Lakeland    

La   Mesa.    Lemon   Grove 

and  Spring  VUley 

Lemoore  

Lindsay-Strathiuore    

Little  Rock  Creek 

Lone   Tree -- 

Madera   

Maxwell    

Medano  

Mendota*  


Tulare  

Tulare-Fresno    — 
Shasta  

Glenn    -- — 

San  Joaquin 

Lassen   

Riverside    

Contra    Costa--. 

Yuba  

Siskiyou    

Contra    Costa,-. 

Sacramento    

Sacramento    

Colusa     

Fresno   

Kings    

Yuba    

Modoc    

Tehama    

Stanislaus    


Sacramento    

Shasta   

Sutter 

Fresno-Tulare    -- 

Fresno   

Colusa-Glenn    -  — 

Siskiyou    

Shasta  

San    Benito 

Yuba-Butts  

Lassen  

Modoc    -— 

Imperial    

Kings    

Glenn    - 

Fresno   

San    .Joaquin 

Siskiyou   

Contra    Costa.— 

Riverside    -- 

Fresno   

Kings    


San  Diego  

Kings    

Tulare    -- 

Los  Angeles 

Contra    Costa-. 

Madera    

Colusa   

Madera-Merced 
Fresno  


Ytar 
organ- 
ized 


1915 

1888 
lfll4 
1932 
1921 
1917 
1919 
1923 
ISSS 
1920 
191!) 
1916 
1920 
1920 
1921 
1919 
1919 
1919 
1921 
1921 

1917 
1922 
1920 
1920 
1920 
1920 
1921 
1891 
1923 
19:9 
1916 
1919 
1911 
1921 
1916 
1920 
1921 
1921 
1920 
1922 
1920 
1923 

1913 
1920 
1915 

1892 
1920 
1920 
1918 
1921 
1921 


Area 
(acres) 


130,000 

32,500 

1,280 

18.890 

8,905 

3,1S1 

7,914 

44,328 

27,320 

17,175 

3,006 

3,028 

12,6';i 

150,000 

51.570 

5,512 

6,080 

7.556 

3,783 

4,000 
12,820 

3,027 

58,000 

242,000 

103,000 

5,055 
18.210 
32,316 
31,442 
33,150 

9,6(0 
603,840 

3,000 
11,300 
26.952 

5  936 

287.000 

10,001 

4,200 
37,000 
29,065 

14,794 

52,300 

15.285 

3.072 

2.095 

353.000 

8,832 

13,560 

68,000 


Bonds 
voted 


$283,000 

513,000 

1,255,000 


511,000 
230,000 


140,000 


550  .noo 
no  ,000 

202,000 
575,000 
8.50,000 
760,000 
267,000 
80,000 


200,000 


2,000,000 

2,587,000 

240.000 

765,000 


160,000 
16,000,000 


2.^5.000 
1,000,000 


650,000 
'265,000 


1,232,500 


l,6r>0,000 
SOS  ,000 

liio.noo 

28,000,000 
260,000 


Address  of  secretary 


.■Mpaugh 
Dinuba 
Anderson 
Butte  City 
Tracy 
Susanville 
l?caumont 
Brentwood 
Browns  Valley 
MacdocI 
Byron 

R.F.D.  3,  box  259,  Sac. 
Fairoaks 
VTillows 
Se'.ma 
Corcoran 
Marysville 
.yturas 
Proberta 

74  New  Montgomery 
St.,  San  Francisco 
Fairoaks 

Nicolaus 

Orosi 

Fresno 

Willows 

Grenada 

Olinda 

Hollister 

Marysville 

Susanville 

.^Ituras 

El  Centro 

Laton 

Glenn 

San  Joaquin 

Tracy 

Montague 

Knightsen 

Laton 


La  Mesa 

Lemoore 

Lindsay 

Palmdale 

Brentwood 

Madera 

Colusa 

T.e  Grand 

Fresno 


•Formed  without  approval  of  State  Engineer. 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 


Irrigation  Districts  as  of  July  1,  1923 — Coutinued. 


Xame  of  district 


County 


Year 
organ- 
ized 


Area 
(acres) 


Bonds 
voted 


Address  uf  secretary 


Merced  

Modesto    

Mojave  River*  — 

Naglee-Burk   

Xevada    

Newport  Heights-. 

\ewport  Mesa 

Uakdale    


Orovilli'-Wyandotte   

Owens  Valley 

Palmdale    

Paradise  

Plainsburg* 

Princeton-Codora-GIenn 

Provident   

Red  Eoclf  Creek* 

Eivcrdale*  

San   Dieguito 

Santa    Fe 

San    Ysidro 

SLott  Valley 

S.nith  Capay 

S'nithern    Lassen* 

Sijuth   MoDtebello 

Smith  San  Joaquin 

>tin^on    

Stratford 

suisun*    

Surprise  \';liey* 

'I'able  Mountain 

Terra  l!ella__ 

Therinulito    

Tracy-Clover  

'Trariiuillity    

'L'ularc   

Tul.. 

Tnrloek  


Vnndalia    

Victor  Valley* 

Wiitmit   

Waterford   

Webster _ 

W.St    Side 

West  Stanislaus*- 


Williains* 


Merced 

Stanislaus    

San   Bernardino, 

San    Joaquin 

Nevada    

Orange    

Orange    

Stanislaus  -  San 

Joaquin    

Butte    

Inyo    

Los    Angeles 

Butte    

Merced   

Glenn-Colusa    -— 
Glenn-Colusa    — - 

Lassen   

Fresno   

San  Diego  

San  Diego  

San  Diego 

Si.skiyou    

Gbnn    

Lassen    

Los   Angeles 

San  Joaquin 

Fresno  

Kings    

Solano   

Modoc    

Butte    --- 

Tulare    

Butte    

San    Joaquin 

Fresno   

Tulare    

Lass?n   

Stanislaus- 
Merced   

Tulare    

San    Bernardino- 

Los  Angeles 

Stanislaus   

Madera    

San     .Toaquin 

Stanislaus- 
Merced  

Colttsa   


1919 
1887 
1917 
1920 
1921 
1918 
1918 

1909 
1919 
1923 
1916 
1918 
1919 
1916 
1918 
1918 
1920 
1922 
1923 
1911 
1917 
1921 
1915 
1922 
19C9 
1921 
1916 
1921 
1918 
1922 
1915 
1922 
1922 
1918 
18f9 
1920 

1887 
1923 
1917 
1891 
1914 
1916 
1915 

1920 
1920 


181,920 

81,183 

27,663 

3,3(6 

208.370 

1,503 

670 

74,246 
17,700 
53,990 

4,756 
11,200 

5,717 
13,861 
22,861 
23,515 
16.000 

3,280 

8,375 
492 

5.131 

1,486 

21.500 

887 

71,112 

16,020 

9,200 
41,075 
17,600 

3  9n 

12,285 
3.100 
1.107 
11,300 
39.360 
13,861 

178,790 
1.557 
71.517 
869 
13.577 
15.000 
11.811 

35.681 
9,021 


$12,000,000 

4,267.511 

200,000 


160,000 
50,000 


2,400.000 
2,000.000 


445,000 
490,000 


175.000 
1,190,000 


123,000 
400,000 


25,000 
125,000 


12.5.000 

4,355,000 

360,000 


l.OOO.OOO 
270.000 
52.170 

2f;o.noo 

.500.000 
806,000 

6.770,000 


670.000 
"545,066" 


*»600.000 


4,003,508 


$102,475,181 


Merced 
Modesto 
Los  Angeles 
Tracy 

Nevada  City- 
Costa  Mesa 
Costa  Mesa 

Oakdale 

Oroville 

Bishop 

Palmdale 

Paradise 

Route  3,  Merced 

Colusa 

Willows 

Stacy 

Riverdale 

Cardifl-by-the-Sta 

Del  Mar 

San  Ysidro 

Fort  Jones 

Orland 

Constantia 

Los  Angeles 

Manteca 

Helm 

Stratford 

Fairfield 

Fort  Bidwell 

Oroville 

Terra  Bella 


Tranquillity 

Ttilare 

SusanviUe 

Turlock 

Terra  Bella 

Victorville 

Rivera 

Waterford 

Madera 

Tracy 

Crows  Landing 
Williams 


•Formed  without  approval  of  State  Engineer. 
••Issued  without  approval  of  the  Bond  Commission. 


6  CALIFORNIA    IKKIOATIOX    DISTRICT    I>AWS.  '  I 

OUTLINE  OF  PROCEDURE  FOR  THE  FORMATION  OF  A 
WRIGHT  IRRIGATION  DISTRICT. 

The  followiiiii'  is  an  oiitliiU'  uf  tlu'  steps  in  the  proeedure  of  forming 
an  irrigation  district  and  issuance  of  lionds  for  eonstrnetion  work: 

(1)  Deterniinatiou  of  the  general  practicability  of  the  proposed 
project.  Advice  niav  be  obtained  from  the  State  Department  of 
Public  Works. 

(2)  Determination  of  boundaries  of  proposed  district  and  of  pro- 
posed source  of  water  supply. 

(3)  Circulation  of  petition  among  property  owners  within  proposed 
district.  Petitions  must  contain  the  names  of  a  majority  of  the  holders 
of  title  to  lands  within  the  proposed  di.strict  representing  a  majority 
in  value  of  said  land ;  or  they  may  contain  the  names  of  500  electors  or 
landowners  within  the  proposed  district.  This  petition  should  be  drawn 
up  and  circulated  under  competent  legal  advice.     (Sec.  2.) 

(4)  Advertise  jiroposal  to  ])resent  petition  for  two  weeks  in  some 
newspaper  of  general  circulation  in  the  county  or  counties  in  which  the 
propo.sed  district  is  situated.     (Sec.  2.) 

(5)  Present  petition  to  board  of  supervisors  at  date  specified  in 
advertised  notice  and  forward  copv  of  petition  to  vstate  engineer. 
(Sec.  2.) 

(6)  Hearing  on  sufficiency  of  petitiuu  by  county  board  of  supervisiirs 
(Sec.  2)  and  if  found  sufficient,  forwarding  of  copy  of  the  determina- 
tion of  the  board  of  supervisoi-s  to  the  state  engineerj  for  report. 
(See.  2.) 

(7)  After  receiving  the  report  of  the  state  engineer,  and  if  the  pro- 
posed district  is  approved,  final  hearing  on  the  matter  liy  the  board  of 
supervisors  and  calling  of  election  on  organization,  notice  of  such 
election  to  be  published  for  at  least  three  weeks  prior  thereto,  and 
officers  of  the  district  to  be  voted  on  along  with  the  matter  of  organiza- 
tion.    (Sees.  6  to  8.) 

(8)  Board  of  supervisors  to  canvass  votes  east  at  the  election,  and 
if  carried,  to  declare  district  duly  organized.     (Sec.  9.) 

(9)  Organization  of  the  board  of  directors  and  employment  of  an 
engineer  to  prepare  plans  for  the  district;  determination  by  board  of 
directors  of  the  amount  of  bonds  necessary;  reference  of  plans  and 
specifications  to  the  irrigation  district  bond  commission.  (Sees.  13, 
30,  and  30(/.) 

(10)  Report  liy  the  ■  irrigation  district  bond  commission  and,  if 
favorable,  the  callinu:  of  a  bond  election  bv  the  board  of  direetor.s. 
(Sec.  30a.) 

(11)  Reference  of  bond  issue  to  irrigation  district  bond  commission 
for  certification.  (Special  act  Stats.  1913.  p.  778;  Stats.  1915,  p.  692; 
Stats.  1917.  p.  582;  Stats.  1919,  p.  1207 ;  Stats.  1921,  p.  1198.) 

With  these  and  other  related  steps  fully  set  forth  in  the  act,  tha 
di.strict  is  ready  to  purchase  or  construct  irrigation  works  and  otherwise 
carry  out  proposals  for  which  it  has  been  formed. 

JThe  Division  of  Engineering  and  Irrigation.  Department  of  Public  Works,  has 
succeeded  to  the  powers  and  duties  conferred  or  imposed  upon  the  State  Engineer 
by  tile  irrigation  laws. 


CAI.IFURMA    IKUICATIIIN    DISTUICT    LAWS. 


I.  CONSTITUTIONAL  PROVISIONS. 


TAKING  IMMEDIATE  POSSESSION  IN  EMINENT  DOMAIN 
PROCEEDINGS. 


Article  I. 

Sec.  li.  Private  property  shall  not  be  taken  or  damaged  for  iniblie 
use  without  .ju.st  compensation  having  first  been  made  to.  or  paid  into 
court  for,  the  owner,  and  no  right  of  way  shall  be  appropriated  to  the 
u.se  of  any  corporation,  except  a  municipal  corporation  or  a  county, 
until  full  compensation  therefor  be  first  made  in  money  or  ascertained 
and  paid  into  court  for  the  owner,  irrespective  of  any  benefits  from 
any  improvement  proposed  by  .such  corporation,  which  compensation 
shall  be  ascertained  by  a  .jury,  unless  a  .jury  be  waived,  as  in  other 
civil  cases  in  a  court  of  record,  as  shall  be  prescribed  by  law;  provided, 
that  in  an  action  in  eminent  domain  brought  liy  the  state,  or  a  county, 
or  a  municipal  corporation,  or  a  di-ainage.  irrigation,  levee,  or  reelams- 
tiou  district,  the  aforesaid  state  or  political  subdivision  thereof,  or 
district  may  take  immediate  possession  and  use  of  any  right  of  wa.v 
required  for  a  public  use  whether  the  fee  thereof  or  an  easement  there- 
for be  sought  upon  first  commencing  eminent  domain  prjceedings 
according  to  law  in  a  court  of  competent  .jurisdiction  and  thereupon 
giving  such  security  in  the  wa.v  of  money  deposits  as  the  court  in  whi.-h 
such  proceedings  are  pending  may  direct,  and  in  such  amounts  as  the 
court  may  determine  to  be  reasonably  adequate  to  secure  to  the  owner 
of  the  property  sought  to  be  taken  immediate  payment  of  .just  compen- 
sation for  such  taking  and  any  damage  incident  thereto,  including  dam- 
ages sustained  by  reason  of  an  ad.judication  that  there  is  no  necessity 
for  taking  the  projierty.  as  soon  as  the  same  can  be  ascertained  accord- 
ing to  law.  The  court  may.  upon  motion  of  any  part.v  to  said  eminent 
domain  proceedings,  after  such  notice  to  the  other  parties  as  the  court 
may  pi'escribe.  alter  the  amount  of  such  security  so  required  in  such 
proceedings.  The  taking  of  private  propert.v  for  a  railroad  run  by 
steam  or  electric  power  for  logging  or  lumbering  purposes  .shall  be 
deemed  a  taking  for  a  public  use,  and  any  person,  fii-m,  company  or 
corporation  taking  private  property  under  the  law  of  eminent  domain 
for  such  purposes  shall  thereupon  and  thereb.v  become  a  common 
carrier.     (Amendment  adopted  Novemlaer  5,  1918.) 

Tnr^nry  v.s.   Anderson-Cottonitrood  ln\  Dist.,  53  CaL  App.  559. 
Marblehead  Land  Co.  vs.  Superior  Court.  40  Cal.  App.  Dec.  29L 

ACQUIRING  STOCK  IN  FOREIGN  CORPORATION. 
Artici>e  IV. 

Sec.  '.i^.  ''  *  *:  proi^idcd.  furtlirr.  that  irrigation  districts  for 
the  purpose  of  ac(|uiring  the  control  of  any  entire  international  water 
system  necessary  for  its  use  and  purposes,  a  part  of  which  is  situated 
in  the  United  States,  and  a  part  thereof  in  a  foreign  country,  may  in 
the  manner  authorized  by  law.  actiuire  the  stock  of  any  foreign  cor- 
poration which  is  the  owner  of,  or  which  holds  the  title  to  the  part  of 


10  CALIFORNIA    IKKKiA'l'lON    DISTRICT    I;A\VS. 

siu'li  system  situated  in  a  Toreigo  eouotry.  ( Aiueudiiicut  adopted 
November  3,  1914.  Above  provision  unchanged  by  amendment  to  this 
section  adopted  November  7,  1922.) 

LEGISLATIVE  POWER  TO  PROVIDE  FOR  SUPERVISION  OF 

DISTRICTS. 

Article  XI. 

Sec.  13.  Tlie  legislature  shall  not  delegate  to  any  special  eommis 
sion,  private  corporation,  company,  association  or  individual  any  power 
to  make,  control,  appropriate,  supervise  or  in  any  way  interfere  with 
any  county,  city,  town  or  municipal  improvement,  money,  property,  or 
effects,  whether  held  in  trust  or  otherwise,  or  to  levy  taxes  or  assess- 
ments or  perform  any  municipal  function  whatever,  except  that  the 
legislature  shall  have  power  to  provide  for  the  supervision,  regulation 
and  conduct,  in  such  manner  as  it  may  determine,  of  the  atTairs  of  irri- 
gation districts,  reclamation  districts  or  drainage  districts,  organized  or 
existing  under  any  law  of  this  state.  (Amendment  adopted  Novem- 
ber 3,  1914.) 

Merchants  Bank  vs.  Escontlido  Irr.   Dist.,  144  Cal.  329. 
San  Leandro  vs.  Railroad  Commission.  1S3  Cal.  229. 
Mordecai  vs.  Board  of  Sui>ervisors,  183  Cal.  434. 

PAYMENT  OF  BONDS. 

Article  XI. 

Sec.  13^.  Any  county,  cit.y  and  county,  city,  town,  municipality, 
irrigation  district,  or  other  public  corporation,  issuing  bonds  under  the 
laws  of  the  state,  is  hereby  authorized  and  empowered  to  make  said 
bonds  and  the  interest  thereon  payalde  at  any  place  or  places  within  or 
outside  of  the  United  States,  and  in  any  money,  domestic  or  foreign, 
designated  in  said  bonds.     (Amendment  adopted  November  3,  1914.) 

BONDS  EXEMPT  FROM  TAXATION. 
Article  XIII. 

Sec.  If.  All  bonds  hereafter  issued  by  the  State  of  California,  or  by 
any  county,  city  and  count.v,  municipal  corporation,  or  district  (includ- 
ing school,  reclamation,  and  irrigation  districts)  within  said  state,  shall 
be  free  and  exempt  from  taxation.  (New  section  adopted  November  1, 
1902.) 

WATER  AND  WATER  RIGHTS. 
Article  XIV. 

Section  1.  The  use  of  all  water  now  appro])riated,  or  that  may 
hereafter  be  appropriated,  for  sale,  rental,  or  distribution,  is  hereby 
declared  to  be  a  public  use,  and  sub.iect  to  the  regulation  and  control 
of  the  state,  in  the  manner  to  be  prescribed  by  law  *  *  *. 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  11 

II.  STATUTORY  PROVISIONS. 


CALIFORNIA  IRRIGATION  DISTRICT  ACT.^ 

An  art  to  provide  for  the  organization  and  government  of  irrigation 
distriets,  and  to  provide  for  the  acejuisition  and  construction  therehij 
of  worka  for  ■the  irrigation  of  the  lands  embraced  within  such  dis- 
tricts, and,  also,  to  provide  for  the  distribution  of  water  for  irriga- 
tion purposes. 

(Approved  March  31,  1S97.  Stats.  1S97.  p.  254;  amended  Stats.  1901.  p.  Slo  ; 
1905,  p.  27  ;  1909,  rp.  12,  46,  429,  461.  99S.  1062,  1075  ;  1911,  pp.  509,  1111 ;  1911  (e.Ktra 
session),  pp.  1,35.  139.  24S  ;  1913,  pp.  59,  7S1.  993:  1915.  pp.  S36,  1291,  1326,  1367; 
1917,  pp.  751,  915;  1919,  pp.  472,  660,  714:  1921,  pp.  S49,  S59,  990,  1004,  llOS-';  1923, 
pp.  S3,  627,  62S,  630,  631,  632.) 

ORGANIZATION. 

Who  may  propose  the  organization  of  an  irrigation  district. 

Section  1.  A  majority  in  numlier  of  the  holders  of  title  or  evidenee 
of  title  to  lands  susceptible  of  irrigation  from  a  common  source  and  by 
the  same  .system  of  works  including;  pumping  from  subsurface  or  other 
waters,  such  holders  of  title  or  evidence  of  title  representing  a  majority 
ill  value  of  said  lands,  may  propose  the  organization  of  an  irrigation 
district,  under  the  i^rovisions  of  this  act;  or  the  organization  of  such  au 
irrigation  district  may  be  proposed  by  not  less  than  five  hundred  peti- 
tioners, each  petitioner  to  the  number  of  at  least  five  hundred  to  be  an 
elector  residing  in  the  propo.sed  district  or  the  holder  of  title  or  evidence 
of  title  to  land  therein;  provided,  that  the  said  petitioners  must 
include  the  holders  of  title  or  evidence  of  title  to  not  less  than  twenty 
per  cent  in  value  of  the  lands  included  within  the  proposed  district. 
The  lands  proposed  to  be  included  within  any  such  irrigation  district 
need  not  consist  of  contiguous  parcels.  Any  holder  of  land  under  a 
possessory  right  acquired  by  entry  or  purchase  from  the  United  States 
or  the  State  of  California  shall  be  deemed  to  be  a  holder  of  evidence  of 
title  to  said  land  within  the  meaning  of  this  act.  The  eountj'  assessment 
roll  of  the  county  in  which  any  lands  included  within  such  proposed 
irrigation  district  are  situated,  which  assessment  roll  has  been  last 
equalized  at  the  time  of  the  first  publication  of  said  petition  as  pro- 
vided in  section  two  of  this  act,  shall  be  conclusive  evidence  as  to  the 
value  of  said  lands  and  the  holders  of  title  or  evidence  of  title  to  said 
lands.  If  any  parcel  of  land  is  assessed  on  aD3'  assessment  roll  to 
unknown  or  fictitiously  named  owners,  or  to  unnamed  owners  in  addi- 

'NOTH — Because  the  present  act  continues  the  principles  of  tlie  original  Wriglit  Act 
of  18S7,  it  is  still  popularly  known  as  the  "Wright  Act."  The  Wright  Act  of  1SS7 
was  repealed,  however,  in  1897,  upon  the  passage  of  the  present  act. 

Most  of  the  annot.ations  on  this  act  were  prepared  by  Mr.  Francis  Carr.  The  notes 
under  section  two  were  largely  contributed  by  Mr.  L.  L.  Dennett. 

:Note — Tiie  provisions  of  the  present  act,  when  adopted,  were  based  upon  the 
provisions  of  the  Wright  Act  and  acts  supplemental  thereto,  as  indicated  below. 

Present  Act  Original    Acts 

SSl-65 Wright  Act.  Stats.   1SS7,  p.  29. 

SS68-72   Slats.  1889,  p.  212. 

§!574_84   Stats.  1889,  p.    21  ;  as  amended  1893,  p.  516, 

H85-97   Stats.  1S89,  p.     IS. 

§§9S-99J Stats.  1893,  p.  276. 

5S1O0-105 Stats.  1893,  p.  295. 

§§106-108 Stats.  1895,  p.  127, 


12  fAUFUUMA     lUKKiATldX    DIS'i'UICT    LAWS. 

lion  to  aii\'  owner  m-  owners  njiiiieil  lliereoii,  sjiid  ptin-el  ol'  land  sliall 
lie  deemed,  for  any  of  the  purposes  of  this  aet,  to  have  but  one  owner  in 
addition  to  any  owner  or  owners  whose  true  name  or  names  may  be 
purported  to  be  given  on  such  asse/ssment  roll.  The  holder  of  title  (>r 
evidence  of  title  to  an  undivided  interest  in  any  land  affeeted  by  any  of 
the  provisions  of  this  aet  may  sijin  any  petition  i)rovi(led  for  in  this 
act,  and  such  undivided  interest  shall  he  counted  and  valued  as  though 
it  were  a  separate  interest,  ami  if  the  assessment  roll  shall  fail  to  indicate 
the  extent  of  any  such  undivided  interest,  the  holders  of  title  or  evidence 
of  title  whose  undivided  interest  in  any  land  are  not  speeifieally 
defined  shall  be  deemed  to  have  eciual  shares  therein.  Guardians, 
executors,  administrators  or  other  per.sons  holding  property  in  a  trust 
capacity  under  appointment  of  court  may  sign  any  petition  provided 
for  in  this  act,  when  aiithorized  by  an  order  of  court,  which  order  may 
be  made  without  notice.  A  certificate  of  acknowledgment  taken  before 
a  notary  public  or  justice  of  the  peace  of  any  state,  or  an  affidavit  by 
any  person  in  the  jiresenee  of  whom  such  petition  was  signed,  shall  be 
sufficient  evidence  of  the  genuineness  of  such  signature  and  of  the  fact 
of  place  of  residence  of  any  petitioners  under  this  aet.  (Stats.  1919, 
p.  714.) 

Organization  : 

Assessment  roll  :is  evidcT'ce  of  tillc. 

Matter  of  Bmuls  iif  finutli   S<iii  Joiiqiiin  In-.   Oiisl..  IBl   ("al.   IMTi. 

I/eglslature  rnn.v  authorize  initintury  iiicii)us:il   to  l.c  made  I>.v  .sucli  persiins  us  it 
sees  lit. 
Imperial   Water  Ctj.  vs.   Snuerrisurs,  16-   Cal.   14-25. 

Holders  of  title  or  evidence  of  title: 

Board  of  Directors  vs.   Abila,   1"G   Cal.    355; 
Carson  vs.  Cudworth   (Colo.),   ltd    Pac.  935: 
In  re  Gallatin  Irr.  n:st.  (Mont.).  14U  Pac,  92—1  : 
Gem.  Irr.  Dist.  vs.  Johnson    (Idaho),   100    Pac.    845. 

Inclusion  of  public  land  will  not  invalidate  organization. 
Culleii  vs.  Gleiidora   W.  Co..  113  Cal.  503; 
Stevens  vs.  Melville   (Utah),   175  Pac.  602; 
Xevada  Bank  vs.  Paso  Dist..  140  Cal.  344; 


Miller  <f  Lux  vs.  Board  of  Supervisors.  36  Cal.  App.  Dec.  770; 

Chambers  vs.   Board  of  Supervisors,  37  Cal,  App.  Dee.   896; 

Ells  vs.  Board  of  Supervisors,  38  Cal.  App.   480; 

People  vs.   Cardiff  Irr.  Dist.,  51  Cal.  App.   307  ; 

Miller  d  Lux  vs.   Board  of  Sttpervisors.  64   Cal.   Dec.   57  ; 

Scr-ris  vs.  Victor  Valley  Irr.  Dist.,  65  Cal.  Dec.  329.  , 

Petition  to  organize  district. 

8ec.  2.  In  order  to  pro|)ose  the  organization  of  an  irrigation  district, 
a  petition  signed  by  the  re(|uisite  majority  of  holders  of  title  or  evidence 
of  title  to  lands  within  the  proposed  district  or  by-  at  least  five  hundred 
jietitioners,  as  provided  in  section  one  of  this  act,  shall  be  presented  to 
the  board  of  supervisors  of  the  count.v  in  which  the  lands  within  the 
proposed  district,  or  the  greater  portion  thereof,  are  situated.  Saitl 
petition  shall  set  forth  generally  the  boundaries  of  the  proposed  district 
and  also  shall  state  generally  the  source  or  sources  (which  may  be  in 
the  alternative)  from  which  said  lands  are  proposed  to  bt  irrigated, 
and  shall  pray  that  the  teri-itory  emliraced  within  the  lioundaries  of  the 
proposed  district  may  be  organized  as  an  irrigation  district  under  the 
provisions  of  this  act.  The  jietitioii  may  consist  of  any  number  of 
separate  instruments,  and  must  be  accompanied  with  a  good  and  suf- 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  l3 

fieient  undertaking-,  to  1ie  ai>i)roved  hy  the  lioard  of  supervisors,  in 
double  the  amount  of  the  probable  cost  of  organizing  such  district, 
eonditioned  that  the  sureties  shall  pay  all  of  said  costs  in  ca.se  said 
organization  shall  not  be  effected.  Said  petition  .shall  be  presented  at 
a  regular  meeting  of  said  board,  and  shall  be  published  for  at  least 
two  weeks  before  the  time  at  which  the  same  is  to  be  presented  in  some 
newspaper  of  general  circulation  printed  and  published  in  the  county 
where  said  petition  is  presented  together  with  a  notice  stating  the  time 
of  the  meeting  at  which  the  same  will  be  presented;  and  if  any  portion 
of  the  lands  within  said  proposed  district  lie  within  another  county 
or  counties,  then  said  petition  and  notice  shall  be  published,  as  above 
provided,  in  a  newspaper  published  in  each  of  said  counties.  When 
contained  upon  more  than  one  instrument,  one  copy  only  of  such 
petition  need  be  published,  but  the  names  attached  to  all  of  said  instru- 
ments must  appear  in  such  publication.  On  or  before  the  day  on 
which  said  petition  is  presented  to  said  board  of  supervisors,  a  eo.py 
of  said  petition  shall  be  tiled  in  the  ofSce  of  the  state  engineer.  Signa- 
tures to  the  petition  ma.y  be  withdrawn  at  any  time  before  the  publi- 
cation is  commenced  as  in  this  section  required,  by  filing  a  declaration, 
signed  by  the  petitioner,  with  the  board  of  supervisors  before  wliich  the 
petition  is  to  lie  pre-sented.  stating  that  it  is  the  intention  of  the 
jx'titioner  to  withdraw  tiierefrom,  which  declaration  shall  be  acknowl- 
edged in  tile  same  manner  as  conve.vances  of  real  estate  are  required  to 
be  acknowledged.  AVhen  said  petition  is  presented,  said  board  of 
sui>ervisors  shall  hear  the  same  and  shall  proceed  to  determine  whether 
or  not  said  petition  complies  with'  the  requirements  hereinbefore  set 
forth  and  whether  or  not  the  notice  required  herein  has  been  published 
as  required,  and  must  hear  all  competent  and  relevant  testimonv  offered 
in  support  of  or  in  opposition  thereto.  Said  hearing  ma.y  be  adjourned 
from  time  to  time  for  the  determination  of  said  facts,  not  exceeding 
two  weeks  in  all.  No  defect  in  the  contents  of  the  petition  or  in  the  title 
to  or  form  of  the  notice  or  signatures,  and  no  lack  of  signatures  thereto, 
or  to  the  petition  as  published,  shall  vitiate  any  proceeding.?  thereon; 
provided,  such  petition  or  petitions  have  a  sufficient  number  of  quali- 
fied signatures  attached  thereto.  The  determination  of  the  board  shall 
he  expressed  by  resolution.  If  it  shall  determine  that  any  of  the 
requirements  hereinbefore  set  forth  have  not  been  complied  with,  the 
matter  shall  be  dismissed,  but  \\'ithout  prejudice  to  the  right  of  the 
proper  number  of  per.sims  to  present  a  new  petition  covering  the  same 
matter  or  to  present  the  same  iietition  witli  additional  signatures,  if  such 
additional  signatures  are  necessary  to  comply  with  the  requirements  of 
this  act.  If  the  board  of  supervisors  shall  detennine  that  the  cetitioners 
have  complied  with  the  requirements  hereinbefore  set  forth,  it  shall 
cause  a  copy  of  the  resolution  so  declaring  to  be  forwarded  to  the  state 
engineer.  Upon  receiving  a  copy  of  said  resolution,  the  state  engineer 
shall  make  or  cause  to  be  made  such  preliminary  investigation  as  may  be 
practicable,  with  a  view  to  determining  the  feasibility  of  the  project 
]>roposed  to  lie  un<lertaken.  He  shall  report  as  soon  as  practicable.  Init 
at  all  events  within  ninet.y  days  from  the  date  of  the  adoption  of  the 
said  resolution,  in  writing,  on  the  matter  to  the  board  of  supervisois 
from  which  the  copy  of  said  resolution  was  received,  except  that  upon 
receiving  a  written  request  from  the  state  engineer,  the  board  of 
supervisors  may  at  any  meeting  before  the  exjiiration  of  said  ninety 


14  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

days  grant  to  tlie  state  engineer  not  more  than  ninety  days  additional 
time  in  which  to  malie  said  report.  If  the  state  engineer  shall  report 
within  the  time  specified  herein  that  the  supply  of  water  availahle  for  , 
the  use  of  the  proposed  district,  or  that  may  be  acquired  by  any  practi-  \ 
cable  means,  including  the  condemnation  of  existing  rights,  is  not  suf- 
ficient or  that  the  project  is  not  feasible  for  any  other  reason  or  reasons, 
the  hearing  of  the  matter  shall  be  continued  for  not  more  than  two 
months  and  shall  then  be  dismissed  unless  the  board  of  supervisors  shall 
be  petitioned  in  writing  by  three-fourths  of  the  holders  of  title  or 
evidence  of  title  to  land  within  said  proposed  district  to  grant  said 
petition ;  provided,  that  if  the  board  of  supervisors  is  not  so  petitioned, 
it  may  modify  the  plans  for  the  proposed  district  in  accordance  with  j 
recommendations  by  the  state  engineer.  If  after  receiving  an  adverse  I 
report  froni  the  state  engineer  the  board  of  supei-visors  shall  be 
petitioned  as  aforesaid  or  shall  decide  to  modify  the  plans  for  the 
]n'oposed  district  in  accordance  with  recommendations  by  the  state 
engineer,  it  shall,  at  the  time  to  which  the  hearing  of  said  matter  shall 
have  been  continued,  set  a  time  for  the  final  hearing  thereof.  If  the 
continuance  of  the  matter  is  not  compelled  by  an  adverse  report  as 
aforesaid,  the  board  of  supervisors,  at  its  first  regular  meeting  after 
the  receipt  of  a  report  from  the  state  engineer,  or  at  tlie  first  regular 
meeting  after  the  expiration  of  the  time  allowed  for  the  making  of  i 
such  report  if  no  such  report  has  been  received,  shall  set  a  time  for  a 
final  hearing  of  the  matter.  In  any  case  the  time  set  for  the  final 
hearing  as  aforesaid  shall  not  be  less  than  one  week  from  the  meeting  . 
at  which  said  time  was  set;  provided,  that  notice  of  the  time  of  such 
final  hearing  shall  be  given  Ijy  registered  mail  to  such  party  as  shall 
have  been  designated  for  that  purpose  by  the  petitioners,  or  by  pub- 
lication for  at  least  three  days  in  one  daily  newispaper  published  in  the 
county  in  which  the  lands  within  the  proposed  district,  or  the  greater 
jjortion  thereof  are  situated.  A  failure  to  give  such  last  mentioned 
notice,  however,  shall  not  affect  the  validity  of  subsequent  proceedings. 
On  a  final  hearing  herein  provided  for,  the  board  may  adjourn  from 
time  to  time,  but  at  no  time  for  a  longer  period  than  three  days  until 
a  determination  of  the  matter  is  reached.  On  said  final  hearing  said 
board  shall  make  such  changes  in  the  proposed  boundaries  as  it  may 
deem  advisable  and  shall  define  and  establish  such  boundaries,  but 
said  board  shall  not  modify  said  boundaries  so  as  to  exclude  from  .such 
proposed  district  any  territory  which  is  susceptible  of  irrigation  from 
any  of  the  sources  proposed,  unless  said  board  shall  decide  to  modify 
the  plan  for  such  proposed  district,  as  herein  provided,  nor  shall  any 
lands  which  will  not,  in  the  judgment  of  said  board,  be  benefited  by 
irrigation  by  means  of  said  systems  or  works  be  included  within  such 
proposed  district.  Lands  already  irrigated  and  riparian  lands  ma.y  be 
included  in  the  district  if  in  the  judgment  of  the  board  of  supervisors 
such  land  will  be  benefited,  or  if  the  water  used  thereon  or  the  rights 
to  the  use  of  water  thereon  should,  in  the  judgment  of  the  board  of 
supervisors,  be  taken  or  acquired  for  the  district.  Any  person  whose 
lands  are  susceptible  of  irrigation  from  any  of  the  proposed  sources 
may.  upon  his  application,  in  the  discretion  of  said  board,  have  such 
lands  included  within  said  proposed  district.     (Stats.  1919,  p.  715.) 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  15 

Petition  : 

The  form  or  contents  ot  the  petition  is  not  important,  provided  that  it  con- 
tains the  required  recitals  sliowing  the  boundaries ;  the  proposed  sources  of 
supply ;  that  it  is  the  purpose  of  the  petitioners  to  organize  an  irrigation 
district ;    and   praying   that   the   same   be    organized    tliereunder. 

Ells  vs.  Board  of  Supervisors   (Cal.  App.).  3S  Cal.  App.  4S0  : 

William  Uanley  Co.  vs.  Harney  Valley  Irrig.  Dist.   (Ore.).   ISO  Pac.  725. 

Petition,  signatures,  and  bond  for  cost  of  organization  : 
Board  of  Directors  vs.  Abila,  106  Cal.   365  ; 
Fopg  vs.  Ferris  Irr.  Dist.,  154  Cal.  209; 
Central  Irr.  Mist.  vs.  DeLappe.  79  Cal.   351  ; 
In  re  Madera  Irr.  Dist.,  92  Cal.  296; 
McAuluy  vs.  Board  of  Supervisors.  17S  Cal.   62S  ; 
Black  Canyon  Dist.  vs.  Marple   (Idaho),   112  Pac.  766.  ^ 

Owners  of  possessory  rights  are  eligible  as  petitioners.  i 

Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  25.  ^ 

It   appears  to   be  proper   for   the  board   of   supervisors   to   appoint   someone   as 
referee  to  compare  the  petitions  and  assessment  roll.  K 

Imperial  Water  Co.  vs.   Supervisors,  162  Cal.  24. 

The  best  evidence,   however,   is  rCQuired. 

Wilder  vs.   Board,  etc.    (Colo.),   135   Pac.   461;  § 

Ahem  vs.  Board  of  Directors   (Colo.).  89  Pac.  964.  ■ 

The   presentation   to   the   board   of   a  bond  is   jurisdictional,   and   where,   although  I 

the  bond  was  informal  it  was  a  binding  obligation  upon  those  who  signed  it.  the  m 

proceedings  are   not  rendered  Illegal.     The  supervisors  may  permit  a  new  bond  I 


to  be  filed. 

In  re  Madera  Irr.  Dist..  92  Cal.  329  ; 
Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  357. 


I 

i 


Description  of  boundaries: 

A  description  by  metes  and  bounds  sufficient  for  an  ordinary  conveyance  will 
suffice.  •  The  petition  is  sufficient  so  long  as  the  boundaries  "can  be  definitely 
located. 

Central  Irr.  Dist.  vs.  DeLappe,   79  Cal.   351  ; 

In  re  Madera  Irr.  Dist..  92  Cal.  296  ; 

Cullen  vs.  Glendora  Water  Co.,  113  Cal.  503; 

Board  of  Directors  vs.  Kimball   (Wash.),  157  Pac.  8S. 

Land  in  irrigation  district  may  be  included  in  municipal  water  district.  m 

Herishaxv  vs.  Foster,  176  Cal.   507. 

Notice,  publication,  etc. : 

In  re  Central  Irr.  Dist.,  117   Cal.   382: 

Fogg  vs.  Ferris  Irr.  Dist..  154  Cal.  209; 

Imperial  Water  Co.  vs.  Saaervisors,  162  Cal.    14;  m 

Tiitnrn    Di^t    VB    Shennrrl     1 S5   TT     .S     1.   46  L.   Ed.    773:  ~ 


V 


Tulare  Dist.  vs.  Sheoard.  185  U.  S.  1,  46  L.  Ed.  773; 

Ells  vs.  Board  of  Supervisors   (Cal.  App.),   3S   Cal.  App.   480; 

Wm.  Hanley  Co.  vs.  Harney  Valley  Irr.  Dist.    (Ore.),   180  Pac.   724. 

The  time  set   for  the  hearing  must  be  at  a   regular  meeting  of  the  board  of 


» 


supervisors,  but  it  is  not  necessary  that  the  notice  specify  that  fact.  , 

Imperial  Water  Co.  vs.  Supervisors,  162  Cal.   23. 

The  notice  need  not  be  separately  signed  and  may  precede  the  petition,  with  ' 

the  signatures  attached  to  the  petition. 
Fogg  vs.  Ferris  Dist..  154   Cal.   209  ; 
Ells  vs.  Board  of  Supervisors   (Cal.  App.),  38  Cal.  App.  480. 

The  date  of  the  petition  and  notice  should  not  vary. 

Ahem  vs.  Board  of  Directors   (Colo.),  89  Pac.   964. 

Hearing : 

At  the  hearing,  the  assessment  roll  is  sufficient  evidence  of  ownership. 
Matter  of  Bonds  of  South  San  Joaquin  Irr.  Dist.,  161  Cal.  345. 

Right   to  withdraw   from   petition : 

A  petitioner  may  withdraw  his  name  from  the  petition  at  any  time  prior  to  its 
presentation  to  the  board  of  supervisors  on  the  day  fixed  therefor ;  but  see 
amendment  of   1919   suspended  by  referendum. 

McAulay  vs.  Board  of  Supervisors,  178  Cal.  62S. 

Inclusion  and  exclusion  of  lands  : 

While  it  appears  that  the  action  of  the  board  can  not  be  arbitrary  (Ahern  vs. 
Board  of  Directors,  89  Pac.  964),  yet  in  the  absence  of  fraud  the  action  of  the 
board  of  supervisors  can  not  be  attacked. 

Cullen  vs.  Glendora  Water  Co.,  113  Cal.  503: 
Fallhrook  Irr.  Dist.  vs.  Bradley,  164  U.  S.  112. 


lb  L'ALIFOKNIA    IKKIGATION    DISTRICT    I-AW^i. 

The  application  fur  int-Uision  or  exclusion  nectl  not  Ijc   in  writing. 
Central  In:  Dist.  vs.  DeLappe,  79  Cal.  35). 

Characlpr  of  lanLl   that  miiy   be  incluflprt  : 

As  to  the  land  th.nt  may  he  inchuled  within  a  district,  the  jurisdiction  of  the 
board  seems  to  be  very  broad.  It  is  proper  to  include  cities  and  any  land  that 
in  its  natural  state  would  be  benefited  by  irrigation. 

La  Mesa  Ilnnu'S  Co.  vs.  La  Mesa  In\  Dist.,  ITu  Cal.  121  ; 
Tregca  vs.  Modesto  Irr.  Dist.,  161  U.  S.  ITSI. 

On  the  inclusion  of  city  or  town  lots,  see  also 

Board  of  Dircitors  vs.  Tregea.  88  Cal.   334  ; 

In  re  Madera  Irr.  Dist.  1)2  Cal.  296; 

Board  of  Directors  vs.  Abila,  106  Cal.  365; 

In  re  Central  Irr.  Dist.,  117  Cal.  382; 

Imperial  Water  Co.  vs.  Supervisors,  162  Cal.   14: 

Nanipa  Irr.  Dist.  i^s.  Brose  (Idaho),  83  Pac.  499. 

In  appears  that  rights  of  way  of  railroads  may  likewise  be  included. 
Oregon  Short  Line,  etc.,  vs.  Pioneer  Dist.   (Idaho),  102  Pac.  905. 

But  there  also  appears  to  be  no  machinery  by  which  such  rights  of  way  may 
be  compelled  to  pay  assessments. 

Atchison  T.  d  S.  F.  Ry.  Co.  vs.  Reclamatinn  Dist.  No.  hO!,,  173  Cal.  91. 

Fixing  of  boundaries  by  board  of  supervisors; 

Central  Irr.  Dist.  vs.  DeLappe,  79  Cal.  351  ; 
Ciillen  vs.  Olendora  Water  Co.,  113  Cal.  517  ; 
Board  of  Directors  vs.  Tregca,  88  Cal.  334-351  ; 
Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  14; 
Board  of  DircUors  vs.  Kiiuball  (Wash.),  157  Pac.  38; 
Ahrrn  vs.  Board  of  Directors   (Colo.),   89   Pac.  963. 

Inclusion  or  exclusion  after  organization  : 

Where  the  petitioner  bi'ings  liimself  within  tlie  specified  classes  of  those  entitleil 
to  exclusion,  he  has  an  ;»bso!ute  right  to  sucli  exclusion  and  writ  of  mandate  will 
issue  to  enforce  such  right. 

Harelson  vs.  South  San  Joaquin  Irr.  Dist.,  20  Cal.  App.   324. 

State  engineer,  procedure  upon  receipt  of  adverse  report  by  : 
J'ich  et  al  vs.  Connelly  et  al.  35  C.  A.  D.  134  ; 


Miller  i  Lux  vs.  Board  of  Supervisors,  36  Cal.  App.  Dec.  770; 
Chambers  vs.  Board  of  Supervisors,  37  Cal.  App.  Dec.  896; 
Blls  vs.  Board  of  Supervisors,  38  Cal.  App.  480; 
People  vs.  Cardiff  Irr.  Dist.,  51  Cal.  App.  307; 
Rich  vs.  Connelly,  52  Cal.  .\pp.  556; 

Miller  t(-  Litx  vs.  Board  of  Supervisors,  64  Cal.  Dec.  57  ; 
Miller  &  Lux  vs.  Madera  Irr.  Dist.,  64  Cal.  Dec.   94  ; 
Ser-vis  vs.   Victor  Valley  Irr.  Dist.,  65  Cal.  Dec.  329  ; 
People  vs.  Lake  Co.  Water  Dist.,  183  Cal.  137. 

State  engineer  to  furnish  information. 

Sec.  2a.  Tht'  state  (engineer  .shall  have  authority,  and  it  shall  be  his 
duty,  to  give  information  so  for  as  may  be  practicable  to  persons  con- 
teniplatins;  the  organization  of  irrigation  districts  under  the  provisions 
of  this  act.  Whenever  the  department  of  engineering  sliall  deem  it  in 
the  public  interest  that  jireliminary  .surveys  and  fiekl  investigations  of 
proposed  irrigation  district  projects  shall  be  made  at  the  expense  oi 
ihe  state,  the  state  engineer  shall  make  such  surveys  and  field  investiga- 
tions of  such  proposed  irrigation  district  projects,  and,  pending  the 
completion  of  such  surveys  and  investigation,  the  state  water  commis- 
sion shall  have  authority  to  wit'ihokl  from  appropriation  any  nnappro- 
priated  waters  likely  to  be  needed  therefor.     (Htats.  1!)17,  p.  T.i.").) 

Miller  if  Lux  vs.  Board  of  Supervisors,  64  Cal.  Dec.  57  ; 
Miller  ct  Lux  vs.  Madera  Irr.  Dist.,  64  Cal.  Dec.  94. 

Order  of  supervisors  reaffirming  conclusions. 

Sec.  3.  Upon  the  final  hearing  of  said  petition  or  said  matter,  the 
hoard  nf  supervisors  shall  make  an  order  reafifirming  its  conclusions  as 


CAIjIFOKNIA    IKKIUATION    DISTRICT    LAWS'.  17 

to  the  genuineuess  and  sufficiency  of  the  petition  and  notice  hereinbefore 
provided  for,  reeitino;  that  a  report  regarding  the  proposed  distri'.t  has 
been  made  by  the  state  engineer  and  is  on  file  witli  the  other  records  of 
the  board,  and  describing  the  boundaries  of  the  proposed  district  as 
defined  and  established  by  said  board.  Said  order  shall  be  entered  in 
full  upon  the  minutes  of  said  board.  At  said  final  hearing  no  evidence 
shall  be  heard  against  the  genuineness  or  sufficiency  of  said  petition  or 
notice  unless  it  shall  be  .shown  to  the  satisfaction  of  said  hoard  that  new 
evidence  which,  if  uncontradicted,  would  disprove  the  genuineness  or 
sufficiency  of  said  petition  or  notice  has  been  discovered  since  said  board 
adopted  the  resolution  declaring  that  said  petition  and  notice  complied 
with  all  the  requirements  of  this  act.  In  case  any  new  evidence  is 
admitted,  full  opportunity  shall  be  given  for  the  inti'oductiou  of  evi- 
dence in  rebuttal  thereof.     (Stats.  1913,  p.  996.) 

Sufficiency  of  petition  and  genuineness  of  signatures  to  be  determined  by  board 
of  supervisors. 

Imperial  Water  Co.  vs.  Supervisors,  162  Cal.   14-19. 


Ells  vs.  Board  of  Supervisors,  3S  Cal.  App.  4S0  ; 
Rich  vs.  Connelly,  52  Cal.  App.  556. 

Finding  of  board  to  be  conclusive. 

Sec.  4.  A  finding  of  the  board  of  supervisoi's  in  favor  of  the  gen- 
uineness and  sufficiency  of  the  petition  and  notice  shall  be  final  and 
conclusive  against  all  persons  except  the  State  of  California  upon  suit 
commenced  by  the  attorney  general.  Any  such  suit  must  be  com- 
menced within  one  year  after  the  order  of  the  board  of  supervisors 
declaring  such  district  organized  as  herein  provided,  and  not  otherwise. 
(Stats.  1911,  extra  session,  p.  139.) 

Former  section  4  providing  for  appeal  to  superior  court  was  unconstitutional. 
Chimi  vs.  Superior  Court,  156  Cal.   47S. 

Certiorari : 

Imperidl  Water  Co.  vs.  Supervisors,  l^t'l  Cal.  14. 

Conclusiveness  of  order  : 

Fallbrook  Irr.  Dist.  vs.  Bradley.  164  U.  S.  112.  171  : 

People  vs.   Hagar,  52   Cal.   171-182  ; 

Board  of  Directors  vs.  Tregea,  SS  Cal.  335-54  ; 

In  re  Madera  Irr.  Dist.,  92  Cal.  296-324; 

O'Neill  vs.  Yellotvstone  Dist.    (Mont.),  121  Pac.  283: 

Protpessive  Irr.  Dist.  vs.  Suiith  (Idaho),  156  Pac.  1133; 

Board  of  Directors  vs.  Peterson   (Ore.).   129  Pac.  123; 

Liuks  vs.  Anderson   (Ore.).  16S  Pac.  605; 

Herrett  vs.  Warm  Springs  Dist.   (Ore.).   16.S  Pac.   609; 

Andrews  vs.  Lillian  Irr.  Dist.   (Xebr. ),  97  X.  W.  336; 

Sowerwine  vs.  Central  Dist.   (Nebr.).  124  X.  '^'.  119; 

Ells  vs.   Board  of  Supervisors   (Cal.   App.),   38  Cal.  App.   481). 

Statute  of  limitations  : 

(See  Sec.   72  infra.) 

In  re  central  Irr.  District.  117  Cal.  382  ; 

People  vs.  Perris  Irr.  Dist.,  142  Cal.  601  ; 

il/t((er  vs.  Perris  Irr.  Dist..  85   Fed.  693  ; 

Tulare  Irr.  Dist.  vs.  Shepard,  185  U.  S.  1-18,  46  L.  Ed.  773.   "SI; 

Progressive  Irr.  Dist.  vs.  Anderson  (Idaho).  114  Pac.  16-18. 

Bona  fide  attempt  to  organize  followed  by  user: 
Tulare  Irr.  Dist.  vs.  Shepard,  185  L'.  S.  1. 


Miller  it  Lux  vs.  Board  of  Supervisors.  36  Cal.  .\pp.  Dec.  770; 
Miller  d  Lux  vs.  Board  of  Stipervi^ors,  64  Cal.  Dec.  57  ; 
Miller  d  Lux  vs.  Madera  Irr.  Dist..  64  Cal.  Dee.  94. 
Ells  vs.  Board  of  Supervisors,  38  Cal.  App.  480. 


l8  CAIjIKOKNIA    JKKKiATlON    DISTRICT    LAWS. 

Divisions  in  district  and  election  of  directors. 

Sec.  5.  If,  on  .said  final  liearing-.  the  boundaries  of  the  proposed  dis- 
trict are  defined  and  establislied,  said  board  shall  make  an  order  divid- 
ing said  district  into  five  divisions,  as  nearly  equal  in  size  as  may  be  ])rae- 
ticable,  which  shall  be  nnmbered  first,  second,  third,  fourth  and  fifth, 
and  one  director  shall  be  elected  for  each  division  by  the  electors 
thereof;  provided,  that  if  so  requested  in  said  petition,  the  board  may 
order  that  there  shall  be  only  three  divisions  in  said  district,  and  that 
only  three  directors  be  elected,  and  that  the  directors  may  be  elected 
by  the  district  at  large,  or  by  divisions,  as  such  petition  shall  provide, 
but  in  any  event  such  directors  shall  be  elected  to  represent  separate 
divisions  and  shall  be  residents  of  the  respective  divisions  they  are 
elected  to  represent.     (Stats.  1915,  p.  1368.) 

CuUen  vs.  Glendora  Water  Co.,  113  Cal,  503: 
Abbey  vs.  Board  of  Directors,  38  Cal.  App.  Dec.  797. 

ELECTION  ON  ORGANIZATION. 
Election  on  organization. 

Sec.  6.  Said  board  of  supervisors  shall  then  give  notice  of  an  elec- 
tion to  be  held  in  such  proposed  district,  for  the  purpo.se  of  determining 
whether  or  not  the  same  shall  be  organized  under  the  provisions  of 
this  act.  Such  notice  shall  describe  the  boundaries  so  established, 
and  shall  designate  a  name  for  the  proposed  district,  and  said  notice 
shall  be  published  for  at  least  three  weeks  previous  to  such  election, 
in  a  newspaper  published  within  the  count.y  in  which  the  petition  for 
the  organization  of  the  proposed  district  was  presented;  and  if  any 
portion  of  such  proposed  district  is  within  another  county  or  counties, 
then  such  notice  shall  be  published  for  the  same  length  of  time  in  a 
newspaper  published  in  each  of  said  counties.  Such  notice  shall  require 
the  electors  to  cast  ballots,  which  shall  contain  the  words  "Irrigation 
District — Yes,"  or  "Irrigation  District — No,"  or  words  equivalent 
thereto,  and  also  the  names  of  persons  to  be  voted  for  at  said  election. 
For  the  purposes  of  said  election  the  board  of  supervisors  must  estab- 
lish a  convenient  number  of  election  precincts  in  said  proposed  district, 
and  define  the  boundaries  of  the  same.  Such  election  shall  be  con- 
ducted as  nearly  as  practicable  in  accoi'dance  with  the  general  election 
laws  of  the  state,  but  no  particular  form  of  ballot  shall  be  required. 

Central  Irr.  Dist.  vs.  DeLappc,  79   Cal.   351  ; 
Cidlen  vs.  Glendora  Water  Co.,  113  Cal.  503; 
Links  vs.  Anderson   (Ore.),  16S  Pac.   1182; 
Ells  vs.  Board  of  Supervisors,  38  Cal.  App.  480. 

Officers  to  be  elected. 

Sec.  7.  At  such  election  there  shall  be  elected  a  board  of  directors, 
and  an  a.ssessor,  tax  collector,  and  treasurer;  provided,  that  where  a 
consolidation  of  officers  as  hereinafter  provided  for  is  deemed  advisable 
in  the  organization  of  a  district,  the  petitioners  ina.v  request  in  their 
petition  for  organization  such  consolidation,  and  the  board  of  super- 
visors calling  the  election  shall  in  its  order  therefor  announce  such 
consolidation,  and  then  only  one  person  shall  be  elected  to  fill  the 
several  offices  so  consolidated. 


CiVLlFORNIA    IRRIG.VTiOX    DISTRICT    t.VXVS.  19 

Qualifications  of  electors. 

Sec.  8.  No  person  shall  he  entitled  to  vote  at  any  election  held  under 
the  provisions  of  this  act  unless  he  po.ssesses  all  the  qualifications 
required  of  electors  under  the  general  election  law.s  of  the  state. 

In  re  Madera  Irr.  Distriet.  92  Cal.  321. 

Canvass  of  votes;  majority  to  determine  organization. 

Sec.  0.  The  hoard  of  supervisors  shall  meet  on  the  second  Monday 
succeeding:  such  election,  and  shall  proceed  to  canvass  the  votes  cast 
thereat,  and  if  upon  such  canvass  it  appears  that  a  ma.jority  of  all  the 
votes  east  are  "Irrigation  District — Yes."  said  board  shall,  by  an  order 
entered  on  its  minutes  declare  the  territory  duly  organized  as  an 
irrigation  district,  under  the  name  theretofore  designated,  and  shall 
declare  the  persons  receiving  respectively  the  highest  number  of  votes 
at  said  election  to  be  duly  elected.     (Stats.  1919,  p.  718.) 

Imperial  Water  Co.  vs.  Supervisors,  162  Cal.  14-19: 
Progressive  Irr.  Dist.  vs.  Anderson   (Idaho),  114  Pac.  16. 

Order  to  be  filed  with  county  recorder. 

Sec.  10.  Said  board  shall  then  cause  a  copy  of  such  order,  duly 
certified,  to  be  immediately  filed  for  record  in  the  office  of  the  county 
recorder  of  any  county  in  which  any  portion  of  the  lands  embraced  in 
such  district  are  situated,  and  must  also  immediately  forward  a  copy 
thereof  to  the  clerk  of  the  board  of  supervisors  of  each  of  said  last- 
mentioned  counti&s,  and  no  board  of  supervisors  of  any  county  in 
■niiich  any  portion  of  the  lands  embraced  in  such  district  are  situated 
sliall.  after  the  date  of  the  organization  thereof,  allow  another  district 
to  be  formed  including  any  portion  of  said  lands,  without  the  consent 
of  the  board  of  directors  of  the  district  in  which  they  are  situated. 
From  and  after  such  filing,  the  organization  of  such  di.strict  shall  be 
complete. 

Courts  have  no  power  to  dissolve  an  irrigation  district  in  the  absence  of 
statutory  authority. 

People  vs.  Selma  Irrigation  Dist.,  9S  Cal.  200. 

Wlien  the  organization  of  the  district  has  been  decl.ared  by  order  of  the  board 
of  supervisors,  the  order  is  notice  to  its  inhabitants  and  to  the  world  of  its 
existence  and  of  its  boundaries. 

Fogg  vs.  Ferris  Irr.  Distriet.  154  Cal.  209; 

Progressive  Irr.  Dist.  vs.  Anderson   (Idalio),  114  Pac.  16. 


Ser-vis  vs.   Victor  Talley  Irr.  Dist..  65  Cal.  Dec.  329. 

Election  may  be  contested;  appeal. 

Sec  11.  Such  election,  on  organization,  may  be  contested  by  any 
person  owning  property  within  the  proposed  distriet  liable  to  assess- 
ment. The  directors  elected  at  such  election  shall  be  made  parties 
defendant.  Such  contest  shall  be  brought  in  the  superior  court  of  the 
county  where  the  petition  for  organization  is  filed;  provided,  that  if 
more  than  one  contest  be  pending  they  shall  be  consolidated  and  tried 
together.  The  court  having  jurisdiction  shall  speedily  tiy  such  con- 
test, and  determine,  upon  the  hearing,  whether  the  election  was  fairly 
conducted  and  in  .substantial  compliance  with  the  requirements  of  this 
act,  and  enter  its  judgment  accordingly.     Such  contest  must  be  brought 


20 


CALIFOKMA    lUUKi.VTlOX    DlS'l'mc'l'    LAWS. 


■within  twenty  dfi.v.s  after  the  canvass  of  the  vote  anil  declaration  of 
the  resnlt  by  the  hoard  of  sujici'visoi-s.  The  rijjht  of  appeal  is  hereby 
given  to  eitlier  j)arty  to  tlie  record  within  thirty  days  from  entry  of 
.indsrment.  The  appeal  mnst  be  heard  and  determined  by  the  supreme 
court  within  sixty  days  from  th(>  time  of  filiiifi  the  notice  of  appeal. 

Tenure  of  office. 

Sec.  12.  The  cffieers  elected  at  tlie  election  hereinbefore  provided 
for  shall  innnediately  enter  upon  their  duties  as  .such,  upon  (pialifyin^' 
in  the  manner  for  such  officers  herein  provided.  Said  officers  shall 
hold  office  respectively  until  their  successors  are  elected  and  qualitied. 

Officers  of  iri'igation  district  are  pul)lie  officers. 
In  re  Mailera  In:  District,  92  Pal.  296; 
I'eojile  vs.  Hehna  District,  flS  Pal.  206. 

DUTIES  AND  POWERS  OF  THE  BOARD  OF  DIRECTORS. 
Organization. 

Sec.  13.  The  directors  of  any  district  created  after  the  passage  of 
this  act,  on  the  first  Tuesday  after  they  have  been  declared  elected  and 
after  they  shall  have  qualitied,  .shall  meet  and  classify  themselves  by 
lot  into  two  classes,  as  nearly  equal  in  number  as  ]iossible,  and  the  term 
of  office  of  the  class  havino'  the  less  number  shall  expire  at  the  next 
general  February  election  in  this  act  provided  for ;  and  the  term  of  office 
of  the  class  having  the  greater  number  shall  terminate  at  the  next 
general  February  election  thereafter.  After  such  classification,  said 
directors  shall  organize  as  a  board,  shall  elect  a  jiresident  from  their 
nmnber.  and  appoint  a  secretary,  who  shall  each  hold  office  during 
the  pleasure  of  the  board.  The  salary  of  the  secretary  and  the  amount 
of  the  bond  to  be  given  by  him  for  the  faithful  jierformance  of  his 
duties  shall  be  fixed  by  the  board  of  directors.     (Stats.  .1921,  p.  859.) 

Board  of  directors  liave  no  power  to  appoint  tlieir  own  members  as  secretary 
or  superintenilrnt. 

Interstate  'frvst  Cn.  vs.  Htecl   (Colo.),   173  Pac.   873-5. 

Monthly  meetings;  quorum. 

Sec.  14.  The  board  of  directors  shall  liold  a  regiiJai-  meeting  on  the 
first  Tuesday  of  each  month  at  the  'place  selected  as  the  office  of  the 
board ;  provided,  that  the  board  may,  by  resolution  duly  entered  upon 
its  minutes,  fix  any  other  time  as  the  time  for  its  regidar  monthly  meet- 
ing, but  no  change  in  the  time  of  holding  regular  meetings  of  the 
board  shall  be  made  until  after  the  resolution  proposing  such  change 
has  been  published  once  a  w^eek  for  two  successive  weeks  in  a  newspaper 
published  in  the  county  in  which  the  office  of  the  district  is  kept.  Such 
special  meetings  of  the  board  of  directors  may  be  held  as  may  be 
required  for  the  proper  transaction  of  the  business  of  the  district,  but 
a  special  meeting  must  be  ordered  by  a  ma.iority  of  the  board.  The 
order  nuist  be  entered  of  record,  and  five  day.s  notice  thereof  mn.st  by 
the  secretary  be  given  to  each  director  not  .joining  in  the  order.  The 
order  must  specify  the  business  to  be  transacted,  and  no  other  business 
than  that  specified  in  the  order  may  be  transacted  at  such  special 
meeting,  unless  all  the  members  are  present  and  consent  to  the  con- 
sideration of  any  business  not  specified  in  said  ortler.     All  meetings  of 


CALIFORXIA    IRRIGATION"    DISTRICT    LAWS.  21 

the  hoard  must  lie  piihlie  and  three  luemhers  shall  eonstitute  a  ciuorum 
for  the  transaction  of  husiness;  provided,  however,  that  when  the 
hoard  consists  of  three  menihers  only,  then  in  such  case  two  shall  consti- 
tute a  quorum  for  the  transaction  of  husiness.  but  ou  all  questions 
requiring  a  vote,  except  a  motion  to  adjoiirn  or  a  motion  to  adjoiirn  to 
a  stated  time,  there  shall  be  a  concurrence  of  at  least  the  number 
constitutiuir  a  quorum.  A  smaller  number  of  directors  than  a  quorum 
may  adjourn  from  day  to  day.  All  records  of  the  board  shall  be  open 
to  public  inspection  during  business  hours.  "Whenever  any  act  is 
required  to  be  done  or  proceeding  taken  by  this  act,  or  by  an  act  sup- 
]ilemeutal  or  amendatory  thereto,  ou  the  first  Tuesday  in  any  month, 
such  act  may  be  done  or  proceeding  had  upon  the  day  specified  in  the 
resolution  hereinbefore  referred  to  as  the  time  for  the  regular  meeting 
of  the  board  of  directors:  provided,  also,  that  when  a  day  other  than  the 
fii-st  Tuesday  in  the  month  shall  have  been  specified  as  the  time  for 
the  regular  meeting  of  the  board  of  directors,  thereafter  the  newly 
elected  officers  of  the  district  shall  take  etfeet  at  noon  on  the  day  fixed 
for  the  regular  monthly  meeting  of  said  board  in  JIarch  and  said  board 
shall  meet  for  reorganization  and  the  transaction  of  any  other  business 
of  the  di-strict  in  the  afternoon  of  said  day.     (Stats.  1917.  p.  755.) 

Imprrkil  Land  Co.  vs.  Imperial  Irr.  District,  173  Cal.  660-5. 

Publication  of  financial  condition. 

Sec.  14'/.  The  board  of  directoi-s  at  their  regular  monthly  meeting 
in  January  of  each  year  shall  render  and  immediately  thereafter  cause 
to  be  published  a  verified  statement  of  the  financial  condition  of  the 
district,  showing  particularly  the  receipts  and  disbursements  of  the  la.st 
preceding  year,  together  with  the  source  of  such  receipts  and  purpose 
of  such  disbursements.  Said  publication  shall  be  made  at  least  once 
a  week  for  two  weeks,  in  some  newspaper  published  in  the  county 
where  the  office  of  the  board  of  directors  of  such  district  is  situated. 
(Stats.  1917,  p.  756.) 

General  powers  of  directors. 

Sec.  15.  The  board  of  directors  shall  have  the  power  and  it  .shall  be 
their  duty  to  manage  and  conduct  the  business  and  afl:'airs  of  the  dis- 
trict ;  make  and  execute  all  necessary  contracts ;  employ  and  appoint 
such  agents,  officers,  and  employees  as  may  be  required,  and  prescribe 
their  duties.'  The  board  and  its  agents  and  employees  .shall  have  the 
right  to  enter  upon  any  land  to  make  surveys,  and  may  locate  the 
necessary  irrigation  works  and  the  line  for  canal  or  canals,  and  the 
necessary  branches  for  the  same  on  any  lands  which  may  be  deemed 
be.st  for  such  location.  Said  board  shall  also  have  the  right  to  acquire, 
l)y  purchase,  lease,  contract,  condemnation,-  or  other  legal  means,  all 
lands,  and  waters,  and  water  rights,  and  other  property  necessary  for 
the  construction,  use,  supply,  maintenance,  repair  and  improvements  of 
said  canal,  or  canals,  and  works,  whether  in  this  or  in  other  states"  or 

'Section  7  of  the  Workmens  Compensation.  Insur.Tnce  ind  Safety  Act  of  1917  (as 
amended  bj-  Stats.  1919.  p.  913)  provides  tliat  the  term  "employer"  as  used  in  the 
act.  shall  be  construed  to  include  irriaration  districts. 

-For  power  of  district  to  take  imrnediate  pos?e."-sion  of  right  of  way  in  eminent 
'lomain  proceedings,  see  .\rt.  I.  Sec.  14.  of  the  Constitution,  n:\ee  9  hereof. 

'For  regulations  governinK  agreements  with  irrigation  districts  in  adjoining  states, 
see  supplemental-}-  act  of  1917    (Stats.  1917,  p.  905). 


22  CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 

ill  a  foreign  nation,  ineludint;-  canals,  and  works  const nieteil  and  being 
constructed  by  private  ownei's,'  lands  for  reservoirs  for  the  storage 
of  needful  waters,  and  all  necessary  appurtenances,  and  also  where 
necessary  or  convenient  to  said  ends  to  acquire  and  hold  the  stock  of 
other  corporations  domestic  or  foreign-  owning  waters,  canals,  water- 
works, franchises,  concessions  or  rights.  Said  iDoard  may  enter  into, 
and  do  any  acts  nece.s-sary  or  proper  for  the  performance  of,  any  agree- 
ments witli  the  United  States'"  or  any  state,  county,  district  of  any 
kind,  public  or  private  corporation,  association,  firm  or  individual,  or 
any  number  of  them,  for  the  joint  acquisition,  construction,  leasing, 
ownership,  disposition,  use,  management,  maintenance,  repair  or  opera- 
tion of  any  rights,  works  or  other  property  of  a  kind  which  might 
lawfully  be  acquired  or  owned  by  the  irrigation  district,  and  may 
acquire  the  right  to  store  water  in  any  reservoirs  or  to  carry  water 
through  any  canal,  ditch  or  conduit  not  owned  or  controlled  by  the 
district,  and  may  grant  to  any  owner  or  lessee  of  the  right  to  the  use 
of  any  water  the  right  to  store  .such  water  in  any  reservoir  of  the 
district  or  to  carry  such  water  through  any  canal,  ditch  or  conduit  of 
the  district.     (Stats.  1919,  p.  661.) 

Irrigation  district  may  sue  and  be  sued. 

Boehmer  vs.  Bit/  Hock  In:  D'tst.,  117  Cal.  19  ; 

Peters  vs.   Union  Gap  Irr.  Dist.   (Wash.),  167  Pac.  10S5  ; 

Noon  vs.  Gem  Irr.  District,  205  Fed.  402. 

Power  of  directors  to  malje  contracts  : 

Board  of  Directors  vs.  Peterson   (Ore.),  12S  Pac.  S37  ; 
Colbnrn  vs.  Wilson  (Idalio),  130  Pac.  381; 
Hansen  vs.   Kittitas   Dist.    (Wasli.).   134  Pac.   1083; 
Warm  Springs  Irr.  Dist.  vs.  Pacific  Live  Stock  Company  (Ore.),  173  Pac.  263. 

"Property  necessary"  includes  pipeline: 

Rialto  Irr.  Dist.  vs.  Brandon,  103  Cal.  3S4. 


Buschmann  vs.  Turlock  Irr.  Dist..  47  Ca\.  App.  321; 

N.  P.  Ry.  Co.  vs.  John  Day  Irr.  Dist.  (Oregon),  211  Pao.  7S1. 

Sec.  15(7.     (Repealed  Stats.  1919,  p.  661,  Ch.  339.) 

Dams;  conveyances. 

•  Sec.  15b.  The  board  of  directors  of  any  iri-igation  district  may  also 
construct  the  necessary  dams,  reservoirs,  and  works  for  the  collection 
of  water  for  said  district,  and  do  any  and  every  lawful  act  necessary 
to  be  done,  that  sufficient  water  may  be  furnished  to  each  landowner  in 
said  district  for  irrigation  and  domestic  purposes;  "provided,  tliat  where, 
within  irrigation  districts  mutual  water  companies  have  been  organ- 
ized to  furnish  water  to  certain  specified  lands  within  said  districts, 
the  Ijoard  of  directors  of  such  districts  are  hereby  authorized  and 
empowered  to  contract  for  tlie  delivery  of  water  for  such  lands  as  lie 
within  the  boundary  of  said  water  companies,  through  said  mutual 
water   companies   only.     The   said    board    is   hereby   authorized    and 

•The  procedure  before  tlio  Railroad  Commission  for  the  valuation  of  the  property 
of  a  public  utility  in  condemnation  proceedings  instituted  by  a  district  is  prescribed 
in  sections  47  and  70  of  the  Public  Utilities  Act   (as  amended  by  Stats.  1017.  p.  261). 

-Districts  are  given  authority  to  acquire  the  stock  of  any  foreign  corporation  own- 
ing a  system  in  a  foreign  country  by  Art.  IV.  Sec.  31.  of  the  Constitution,  page  9  hereof. 

^Authority  to  enter  into  agreements  with  tlie  United  States  government  under  the 
federal  reclamation  laws  is  given  by  Stats.  1917,  p.  243  and  p.  781.  Supplementary 
powers  are  also  given  by  Stats.  1907.  p.  569.  providing  tor  drainage  by  districts,  and 
Stats.  1913,  p.  75,  permitting  the  employment  of  agricultural  experts  by  districts. 


CALIFORNU    lERIGATIOX    DISTRICT    LAWS.  23 

empowered  to  take  conveyances,  leases,  contracts  or  other  assurances 
for  all  property-  acquired  by  it  under  the  provisions  of  this  act,  in  the 
name  of  such  irrigation  district,  to  and  for  the  uses  and  purposes  herein 
expressed,  and  to  institute  and  maintain  any  and  all  actions  and 
proceedings,  suits  at  law  or  in  equity  necessary  or  proper  in  order  to 
fully  carry  out  the  provisions  of  this  act,  or  to  enforce,  maintain, 
protect  or  preserve  any  and  all  rights,  privileges  and  immunities  created 
by  this  act,  or  acquired  in  pursuance  thereof.  And  in  all  courts, 
actions,  suits  or  proceedings,  the  said  board  may  sue,  appear  and  defend 
in  person  or  bv  attornevs,  and  in  the  name  of  such  irrigation  district. 
(Stats.  1917,  p!  758.) 

Right  to  contract  ■n-ith  mutual  water  company  to  deliver  water  to  district  sus- 
tained under  Idaho  statute. 

Pioneer  Irr.  Dist.  vs.  Stone  (Idaho),  130  Pac.  382. 

Rules  for  use  of  water. 

Sec.  15c.  It  shall  be  the  dutj'  of  the  board  of  directors  of  any  irri- 
gation district  to  establish  equitable  by-laws,  rules  and  regulations  for 
the  distribution  and  use  of  water  among  the  owners  of  said  lands, 
which  must  be  printed  in  convenient  form  for  distribution  in  the 
district.  Said  board  shall  have  power  generally  to  perform  all  such 
acts  as  shall  be  necessary  to  fullv  carrv  out  the  purposes  of  this  act. 
(Stats.  1917,  p.  758.) 

General  and  implied  powers : 

City  of  Nampa  vs.  Nampa,  etc.  Dist.  (Idaho).  131  Pac.  8  ; 
Stevens  vs.  Melville  (Utah),  175  Pac.  602-4. 

Power  to  make  and  enforce  rules : 

Hamp  vs.  State  (Wyo.).  118  Pac.  653,  662; 

La  Mesa  Comniunitii  Ditch  vs.  Appelzoeller  (N.  Mex.),  110  Pac.  1051. 

See  also  Sec.  IS  hereof. 


Kelson  vs.  And€rson-Cottonv;ood  /jt.  Dist.,  51  Cal.  .\pp.  92. 

Change  election  precincts;  lease  canals. 

Sec.  15(7.  The  board  of  directors,  when  they  deem  it  advisable  for 
the  best  interests  of  the  district,  and  the  convenience  of  the  electors 
thereof,  may  at  any  time,  but  not  less  than  sixty  days  before  an  election 
to  be  held  in  the  district,  change  the  boundaries  of  the  divisions  or 
election  precincts  of  the  district  or  of  both;  provided,  such  changes 
shall  be  made  to  keep  each  division  as  nearly  equal  in  area  and  popula- 
tion as  may  be  practicable.  Such  change  of  boundaries  of  the  divisions 
and  precincts  must  be  shown  on  the  minutes  of  the  board.  The  board 
of  directors  of  any  irrigation  district  now  or  that  may  hereafter  be 
organized  in  the  state,  shall  also  have  the  power,  and  such  board  is 
hereby  vested  with  the  authority,  to  lease  the  system  of  canals  and 
works  in  the  district,  or  any  part  thereof,  whenever  such  leasing  may 
be  for  the  benefit  of  the  district:  provided,  that  when  the  directors  of 
any  irrigation  district  contemplate  the  leasing  of  the  canals  and  works 
of  "such  district,  they  shall  give  notice  of  such  contemplation  by  pub- 
lishing the  same  in  some  newspaper  published  in  the  county  in  which 
such  irrigation  district  lies,  at  least  three  weeks  prior  to  the  making  of 
any  lease,  and  such  lease  shall  be  made  to  the  highest  bidder.  But  such 
board  shall  have  the  right  to  reject  any  and  all  such  bids.  Such  lease 
shall  in  no  way  interfere  with  any  rights  that  maj-  have  been  established 


24  CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 

by  law,  at  the  time  such  lease  is  made;  and,  further  provided,  that  the 
board  of  directors  shall  require  a  irood  and  sufficient  bond  to  secure 
faithful  performance  of  the  lease  ))y  the  lessees.     (Stats.  1917,  p.  758.) 

Lease  or  transfer  of  property  : 

Byinyton  vs.  Sacramento  Valley,  etc.,  Co.,  170  Cal.  124.  130. 

Sec.  15i.     (Renumbered  as  .section  Ibd  by  Stats.  1917,  p.  758.) 

Condemnation  proceedings. 

Sec.  16.  lu  case  of  eondemuation  proceedings  the  board  .shall  pro- 
ceed, in  the  name  of  the  district,  under  the  provisions  of  title  seven, 
l^art  three  of  the  Code  of  Civil  Procedure  of  the  State  of  California, 
and  all  pleadings,  jiroceedinys,  and  process  in  said  title  provided  shall 
l)e  applicable  to  the  condemnation  proceedings  hereunder.'  (Stats. 
1917,  p.  759.) 

Condemnation,  procedure  : 

Warm  Si)rin(/s  Irr.  Dist.  vs.  Pacific  Live  Stock  Co.   (Ore.),  173  Pac  265. 

Power  to  condemn  canals  and  water  rights  of  irrigation  district  for  more  necessary 
public  use,  queried  : 

Colbnrn  vs.   Wilson   (Idalio),  130  Pac.   3S1. 

Sliowing  of  necessity  : 

Rialto  Irr.  Dist.  vs.  Brandon,  103  Cal.  3S4. 

Taking  possession  before  judgment.     Const.,  Art.  I.  Sec.   14  : 

Marblehead  Land  Co.  vs.  Superior  Court.  40  Cal.  App.  Dec.  291. 

WATER  REGULATIONS. 
Water  regulations. 

Sec.  17.  The  use  of  all  water  required  for  the  irrigation  of  the 
lands  of  any  district  formed  under  the  provisions  of  this  act,  or  the 
act  of  which  this  is  supplementarv'  or  amendatory,  and  for  dome.stic 
and  other  incidental  and  beneficial  uses,  within  such  district.-  together 
with  the  rights  of  way  for  canals  and  ditches,'  sites  for  reservoirs,  and 
all  other  property  required  in  fully  cari-ying  out  the  provisions  of  this 
act  is  hereby  declared  to  be  a  pul)lic  use.  subject  to  the  regulation  and 
control  of  the  state,  in  the  manner  prescribed  by  law.  (Stats.  1911, 
p.  512.) 

Apportionment  of  water. 

Sec.  18.  It  is  hereby  expressly  provided  that  all  waters  distributed 
for  irrigation  purposes  .shall  be  apportioned  ratably  to  each  land  owner 
upon  the  basis  of  the  ratio  which  the  last  assessment  of  such  owner  for 
district  purposes  within  said  district  bears  to  the  whole  sum  assessed 
u|)on  the  district;  and  any  land  owner  may  assign  the  right  to  the 
wliolcl  or  any  portion  of  the  waters  so  apportioned  to  him;  provided, 
that  when  any  rates  of  toll  and  charges  for  the  use  of  water  are  fixed 
by  the  board  of  directors,  as  provided  in  section  fift.y-five  of  this  act, 
the  water  for  the  use  of  which  such  rates  of  toll  and  charges  have  been 
fixed  shall  be  distributed  eciuitably,  as  may  be  provided  by  the  board 
of  directors,  among  those  offering  to  make  the  recjuired  payment  there- 

'For  power  of  district  to  take  immediate  possession  of  riglit  of  way  in  eminent 
domain  proceedings,  see  Art.  I.  Sec.  14.  of  the  Constitution,  page  9  hereof. 

-See  Art.  XIV.  Sec.  1,  of  the  Constitution,  page  in  liereof.  declaring  use  of  water  a 
public  use.  Also,  see  p.  110  hereof,  "An  act  regarding  irrigation  and  declaring  the 
same  to  be  a  public  use,"  approved  May  1',   1911,  Stats,  1911,  p.   1407. 


CALIFORNIA    IRRHiATIOX    DISTRICT    LAWS.  25 

for;  and  prodded,  further,  that  if  an  irrigation  district  lias  contracted 
to  deliver,  and  is  delivering,  water  to  mutual  water  couipanie,s  for 
distribution  to  territory  served  thereby,  the  water  shall  be  apportioned 
on  such  a  basis  as  the  board  of  directors  shall  find  to  be  just  and 
equitable  and  for  the  best  interests  of  all  parties  concerned.  (Stats. 
1919,  p.  661.;) 

Board  of  Directors  vs.  Tregea.  SS  Cal.  334  : 

Hewitt  vs.  S.  J.  and  P.  Y.  Irr.  Dist..  124  Cal.  1S6  ; 

Merchants,  etc!  Bank  vs.  Escondido  Seminary,  144  Cal.  329  ; 

Jennison  vs.  Redfield.  149   Cal.   500: 

Nelson  vs.  Anderson-Cottonwood  Irr.  Dist.,  34  C.  A.  D.  316  : 

See  also  Sec.  15c  hereof. 

Bnschmann  vs.  Turlock  Irr.  Dist.,  47  Cal.  App.  321; 

Nelson  vs.  Anderson-Cotton icood  Irr.  Dist..  51   Cal.  App.  92. 

GENERAL  ELECTIONS. 
Irrigation  district  officers  to  be  elected. 

Sec.  19.  An  election,  which  shall  be  known  as  the  general  irrigation 
district  election,  shall  be  held  in  each  irrigation  district  on  the  first 
Wednesday  in  February  in  each  odd-numbered  year,  at  which  a  snc- 
(•e.s.sor  shall  be  cho.sen  to  each  officer  whose  temi  shall  expire  in  !March 
next  thereafter.  The  pei-son  receiving  the  highest  number  of  votes  for 
each  office  to  be  filled  at  such  election  shall  be  elected  thereto.  The 
elective  officers  of  an  irrigation  district  shall  be  as  many  directors  as 
there  are  divisions  in  the  district,  and  an  assessor,  a  collector  and  a 
treasurer;  proi-ided,  that  if  any  two  or  more  offices  shall  have  been 
consolidated  as  provided  in  section  seven  or  .section  twenty-seven  hereof, 
only  one  person  shall  be  elected  to  fill  such  consolidated  offices.  The  term 
of  office  of  each  elective  officer  of  an  irrigation  district  elected  at  or 
after  the  general  irrigation  district  election  in  one  thou.sand  nine  hun- 
dred nineteen  shall  be  four  years,  or  until  his  .successor  is  elected  and 
has  qualified.     (Stats.  1917.  p.  759.) 

-V.  p.  Rij.  Co.  vs.  John  Day  Irr.  Dist.   (Oregon).  211  Pac.  7S1. 

Official  bonds. 

Sec.  19«.  Within  ten  days  after  receiving  their  certificates  of  elec- 
tion hereinafter  provided  for.  said  officers  shall  take  and  subscrilie  the 
official  oath,  and  file  the  same  in  the  office  of  the  board  of  directors, 
and  execute  the  bond  hereinafter  provided  for.  The  assessor  .shall 
execute  an  official  bond  in  the  sum  of  five  thousand  dollars,  and  the 
collector  an  official  bond  in  the  sum  of  twenty  thousand  dollars,  and 
the  district  treasurer  an  official  bond  in  the  sum  of  fifty  thousand  dol- 
lars: each  of  said  bonds  to  be  approved  by  the  board  of  directors: 
provided,  that  the  board  of  directors  may.  if  it  shall  be  deemed  advis- 
able, fix  the  bonds  of  the  treasurer  and  collector,  respectively,  to  suit 
the  conditions  of  the  district,  the  maximum  amount  of  the  treasurer's 
bond  not  to  exceed  fifty  thousand  dollars,  and  the  minimum  amount 
thereof  not  to  be  less  than  ten  thousand  dollars:  and  the  ma.ximum 
amount  of  the  collector's  bond  not  to  exceed  twenty  thousand  dollars, 
and  the  minimum  amount  of  the  collector's  bond  not  to  be  less  than 
five  thousand  dollars.  Each  member  of  said  board  of  directors  shall 
execute  an  official  bond  in  the  sum  of  five  thousand  dollars,  which  .said 
bonds  shall  be  approved  by  the  .judge  of  the  supei-ior  court  of  said 
countv  where  such  organization  was  eii'eeted,  and  shall  be  recorded  in 


26  CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 

the  office  of  the  county  recorder  thereof,  and  filed  witli  the  secretary  of 
said  board.  All  official  bonds  herein  provided  for  .shall  he  in  the  form 
prescribed  by  law  for  the  official  bonds  of  county  officers  and  the 
premiums  thereon  may  be  paid  by  the  district;  prov'uhd,  that  in  case 
any  district  organized  under  this  title  is  appointed  fiscal  agent  of  tlie 
United  States  or  by  the  Uiiited  States  in  connection  with  any  federal 
reclamation  project,  each  of  .said  officers  shall  execute  a  further  and 
additional  official  bond  in  such  sum  as  the  secretary  of  the  interior  may 
require,  conditioned  for  the  faithful  discharge  of  the  duties  of  his  office 
and  the  faithful  discharge  by  the  district  of  its  duties  as  fiscal  or  other 
agent  of  the  United  States  under  any  such  appointment  or  authoriza- 
tion, and  any  such  bond  may  be  sued  upon  by  the  United  States  or  any 
person  injured  by  the  failure  of  such  officer  or  the  district  to  fully, 
promptly  and  completely  perform  their  respective  duties.  (Stats.  1917, 
p.  760.) 

Form  and  condition  of  offlcial  bond : 

Political  Code,  sections  954,  D5S. 

Vacancy  created  by  failure  of  officer  to  qualify : 
Political  Code,  section  996,  subdivision  9. 

If  election  be  not  held. 

Sec.  19&.  If  an  election  is  not  held  as  herein  provided,  then  upon 
the  filing  of  a  petition  with  the  secretary  of  the  board  of  directors  of 
such  district,  signed  by  ten  per  cent  of  the  electors  residing  within 
the  boundaries  of  any  such  irrigation  district,  requesting  that  a  special 
election  be  called  for  the  election  of  .such  officers,  the  directors  of  .such 
district  shall  thereupon  call  a  special  election  thereof  for  the  election 
of  such  officers,  such  election  to  be  held  within  not  less  than  fifteen,  nor 
more  than  thirty  davs  after  the  filing  of  such  petition.  (Stats.  1917, 
p.  760.) 

Beginning  of  term;  organization  of  board. 

Sec.  20.  At  noon  of  the  first  Tuesday  in  IMarch  next  following 
their  election,  except  as  provided  in  section  fourteen  of  this  act.  the 
officers  who  shall  have  been  elected  at  the  preceding  general  irrigation 
district  election  shall  enter  upon  the  duties  of  their  respective  offices. 
On  the  first  Tuesday  in  March  next  following  each  election,  the  directors 
•shall  meet  and  organize  as  a  board,  elect  a  president  and  appoint  a 
secretary,  who  shall  each  hold  office  during  the  ])leasure  of  the  hoard. 
(Stats.  1917,  p.  761.) 

Notice  of  elections;  election  officers. 

Sec.  21.  Fifteen  days  before  any  election  held  under  this  act,  siili- 
sequent  to  the  organization  of  any  district,  the  secretary  of  the  board 
of  directors  shall  cause  notices  to  be  po.sted  in  three  public  places  in 
each  election  precinct,  of  the  time  and  place  of  holding  the  election, 
and  shall  also  post  a  general  notice  of  the  same  in  the  office  of  said 
board,  which  .shall  be  established  and  kept  at  some  fixed  place,  to  be 
determined  by  said  board,  specifying  the  polling  places  of  each  precinct. 
Prior  to  the  time  for  posting  the  notices,  the  board  must  appoint  for 
each  precinct,  from  the  electors  thereof,  one  inspector,  two  judges  and 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  27 

two  clerks,  or  at  their  option  one  inspector,  one  jiidge  and  one  clerk, 
who  shall  in  either  case  constitute  a  board  of  election  for  such  precinct. 
If  the  board  fail  to  appoint  a  board  of  election,  or  the  members 
appointed  do  not  attend  at  the  opening-  of  the  polls  on  the  morning  of 
election,  the  electors  of  the  precinct  present  at  that  hour,  may  appoint 
the  board,  or  supply  the  place  of  an  absent  member  thereof.  The  board 
of  directors,  must,  in  its  order  appointing  the  board  of  election,  de.sig- 
nate  the  house  or  place  within  the  precinct  where  the  election  must  be 
held.      (Stats.  1921,  p.  860.) 

Powers  and  duties  of  election  officers. 

Sec.  22.  The  inspector  is  chairman  of  the  election  lioard  and  may 
administer  all  oaths  reipiired  in  the  process  of  an  election;  and  aiipoint 
.iudges  and  clerks,  if.  during  the  progress  of  the  election,  any  .iudge  or 
clerk  cease  to  act.  Any  member  of  the  board  of  election  may  administer 
and  certify  oaths  required  to  be  administered  during  the  progress  of  an 
election.  Before  opening  the  polls,  each  member  of  the  board  must  take 
and  subscribe  an  oath  to  faithfully  perform  the  duties  imposed  upon 
them  by  law.  Any  electors  of  the  precinct  may  administer  and  certify 
such  oath.  The  polls  must  be  opened  at  six  a.m.  on  the  morning  of  the 
election,  and  be  kept  open  until  seven  p.m.,  when  the  same  must  be 
closed;  provided,  however,  the  board  of  directors  may  in  the  notice  of 
election  as  provided  in  section  twenty-one  of  this  act  provide  that  the 
polls  shall  be  apen  from  eight  a.m.  to  four  p.m.,  at  which  times  the 
polls  shall  be  opened  and  closed  respectively.     (Stats.  1921,  p.  860.) 

Opening  and  closing  polls: 

Board  of  Directors  vs.  Abiki,  lOG  Cal.  3G3. 

Ballots;  manner  of  voting. 

Sec.  22«.  The  ballot  used  at  the  election  shall  be  provided  by  the 
board  of  directors,  and  one  of  the  clerks  of  election  shall  deliver,  to 
each  of  the  electors,  one  of  the  ballots  so  provided.  The  ballots  shall 
have  printed  on  them  the  names  of  all  candidates  whose  names  have 
been  filed  as  provided  in  this  act,  with  a  voting  square  behind  each 
name.  The  names  shall  be  arranged  in  groups,  alphabetically,  under 
the  designation  of  the  office  for  which  each  person  named  is  a  candidate. 
Where  more  than  one  person  is  to  be  elected  for  an  office  of  the  same 

title,  the  words  "Vote  for (inserting  the  proper  number)"  shall 

be  printed  under  the  title  of  the  office.  Each  elector  shall  stamp  a 
cross,  with  a  rubber  stamp  to  be  provided  by  the  board  of  directors,  in 
the  square  lichind  the  name  of  each  candidate  he  wishes  to  vote  for. 
(Stats,  1909.  p.  1062.) 

Form  of  ballot : 

Political  Code,  section  1197.  subdivision  8: 
Edes  vs.  Haley  (Wash.),  162  Pac.  50. 

Nominating  petitions. 

Sec.  221).  Not  less  than  ten  days  before  the  election,  any  ten  or 
more  electors  in  the  district  may  file  with  the  board  of  directors  a 
petition,  requesting  that  certain  persons,  specified  in  such  petition  be 
placed  on  the  ballot  as  candidates  for  the  office  named  in  the  petition. 
The  names  proposed  by  the  various  petitions  so  filed,  and  no  others, 


28  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

shall  be  printed  on  the  l)all()ts.  But  there  shall  be  suffieicnt  blank 
spaces  left  in  wliieh  electors  may  write  other  names  if  they  so  desire. 
The  petitions  shall  he  jireserved  in  the  office  of  the  secretary  of  the 
district.      (Stilts.  lIKti),  p.  lOfill) 

Voting  and  counting  of  votes. 

Sec.  23.  Voting  may  commence  as  soon  as  the  polls  are  opened,  and 
may  be  continued  durins;;  all  the  time  the  polls  remain  opened,  and 
shall  be  conducted,  as  nearly  as  practicable,  in  accordance  with  the 
provisions  of  the  general  election  laws  of  this  state.  As  soon  as  all  thi' 
votes  are  counted,  a  certificate  shall  be  drawn  upon  each  of  the  papers 
containing  the  poll  lists  and  tallies,  or  attached  thereto,  stating  the 
number  of  votes  each  one  voted  for  has  received,  and  designating  the 
office  to  fill  which  he  was  voted  for,  which  number  shall  be  written  in 
figures  and  in  words  at  full  length.  Each  certificate  shall  be  signed 
by  the  clerk,  judge,  and  the  inspector.  One  of  said  certificates,  with  the 
poll  list  and  the  tally  paper  to  which  it  is  attached,  shall  be  retained 
by  the  in.spector.  and  preserved  by  him  at  least  six  months.  The  ballots 
shall  be  strung  upon  a  cord  or  thread  by  the  inspector,  during  the 
eounting  thereof,  in  the  order  in  which  they  are  entered  upon  the  tally 
list  by  the  clerks;  and  said  ballots  together  with  the  other  of  said 
certificates,  with  the  poll  list  and  tally  paper  to  which  it  is  attached, 
shall  be  sealed  by  the  inspector  in  the  presence  of  the  judges  and  clerks, 
and  indorsed  "Election  returns  of  (naming  the  precinct)  precinct," 
and  be  directed  to  the  secretary  of  the  board  of  directors,  and  shall  be 
immediately  delivered  by  the  inspector,  or  by  some  other  safe  and 
responsible  carrier  designated  by  said  inspector,  to  said  secretary,  and 
the  liallots  shall  be  kept  unopened  for  at  least  six  months ;  and  if  any 
person  be  of  the  opinion  that  the  vote  of  anj^  precinct  has  not  been 
correctly  counted,  he  may  appear  on  the  day  appointed  for  the  board 
of  directors  to  open  and  canvass  the  returns,  and  demand  a  recount  of 
the  vote  of  the  precinct  that  is  so  claimed  to  have  been  incorrectly 
counted. 

Right  of  contest  ot  election  of  ofHcer.s  elected  at  irrigation  district  election  : 
Hertle  vs.  Ball  (Idaho).  73  Pac.  953. 
(See,  also.  Sec.  72,  infra.) 

Canvass  of  votes. 

Sec.  24.  No  list,  tally  paper,  or  certificate  returned  from  any 
election,  shall  be  set  aside  or  rejected  for  want  of  form,  if  it  can  be 
satisfactorily  understood.  The  board  of  directors  must  meet  at  its 
usual  place  "of  meeting  on  the  first  Monday  after  each  election  to  can- 
va.ss  the  returns.  If,  at  the  time  of  meeting,  the  returns  from  each 
precinct  in  the  district  in  which  the  polls  were  opened  have  been 
received,  the  board  of  directors  must  then  and  there  proceed  to  canvass 
the  returns:  but  if  all  the  returns  have  not  been  received,  the  canvass 
must  be  postponed  from  day  to  day  until  all  the  returns  have  been 
received,  or  until  six  postponements  have  been  had.  The  canvass  must 
be  made  in  public  and  by  opening  the  returns  and  estimating  the  vote 
of  the  district  for  each  person  voted  for,  and  declaring  the  result 
thereof. 

Canvassing  returns  and  declaring  result  : 

Board  of  Directors  vs.  Abiht,  lOG  ('al.  365  ; 
Edcs  vs.  Haley  (Wash),  162  Pac.  50. 


CAI-IKOKNIA    IKHKiATION    DISTRK'T    LAWS.  -I) 

Statement  of  results;  vacancies,  how  filled. 

Sec.  25.  The  secretary  of  the  board  of  directors  must,  as  soon  as  the 
result  is  declared,  enter  in  the  records  of  such  board  a  .statement  of 
such  result,  which  statement  must  show:  (a)  The  whole  number  of 
votes  cast  in  the  district,  and  in  each  division  of  the  district;  (h)  the 
names  of  the  persons  voted  for;  (r)  the  office  to  till  whicli  each  person 
was  voted  for;  (d)  the  numlier  of  votes  given  in  each  precinct  to  each 
of  .such  persons;  (e),  the  number  of  votes  given  in  each  division  for 
the  office  of  director,  and  the  number  of  votes  given  in  the  district  for 
the  offices  of  assessor,  collector,  and  treasiirer.  The  board  of  directors 
must  declare  elected  the  persons  having  the  highest  number  of  votes 
given  for  each  office.  The  secretary  must  immediately  make  out  and 
deliver  to  such  person  a  certificate  of  election,  signed  by  him,  and 
authenticated  with  the  seal  of  the  board. 

In  case  of  a  vacancy  in  the  office  of  assessor,  collector,  or  treasurer, 
the  vacancy  shall  be  filled  In-  appointment  of  the  board  of  directors; 
provided,  that  if  said  board  of  directors  shall  neglect  or  refuse  to  make 
such  appointment  within  a  period  of  forty  days,  then  the  board  of 
supervisors  of  the  county  wherein  the  office  of  said  board  of  directors 
is  situated  shall  make  such  appointment.  In  ease  of  a  vacancy  in  the 
office  of  director,  the  vacancy  shall  be  filled  by  appointment  by  the 
board  of  supervisors  of  the  county  where  the  office  of  such  board  of 
directors  is  situated,  from  the  division  in  which  the  vacancy  occurred. 
An  officer  appointed  as  above  provided  shall  hold  his  office  until  the  next 
regular  election  for  said  district,  and  until  his  successor  is  elected 
and  qualified. 

Qiiinton  vs.  Equitable  Investment  Co..  196  Fed.  314; 
Drrschrr  vs.  Board  of  Supervisors,  65  Cal.  Dec.  513. 

Qualification  of  director. 

Sec.  26.  A  director  shall  be  a  resident  and  freeholder  of  the 
irrigation  district  and  a  resident  of  the  division  which  he  is  elected  to 
represent.      (Stats.  1917,  p.  761.) 

The  acts  of  an  offit^er,  though  not  ciu.alifietl  foi-  want  of  resilience  witliin   llie 
district,  will  be  regarded  as  valid  acts  of  an  officer  de  facto. 
Baxter  vs.  Vineland  Irr.  Dist.,  136  Cal.  1S5,   193. 

Consolidation  of  offices. 

Sec.  27.  The  board  of  directors  may,  in  its  discretion,  consolidate 
any  two  or  more  of  the  offices  of  assessor,  collector,  and  treasurer.  The 
order  of  consolidation  must  be  made  at  least  thirty  days  prior  to  general 
election  of  the  district,  and  sliall  take  eft'ect  at  the  next  succeeding 
election:  providrd,  that  the  board  of  directors  may,  at  least  thirty  days 
before  a  general  election  of  the  district,  where  the  offices  have  been 
consolidated,  segregate  the  same,  each  office  to  be  filled  at  such  election. 

Appointment  of  deputies  by  treasurer. 

Sec.  27a.  The  treasurer  and  collector  of  any  irrigation  district  may 
appoint  as  many  deputies  as  may  be  necessary  for  the  prompt  and 
faithful  discharge  of  the  duties  of  his  office,  .said  deputies  to  hold  office 
at  tlie  pleasure  of  the  appointing  power.  Such  appointment  must  be  in 
writing  and  filed  in  the  office  uf  the  board  of  directors.  Every  such 
deputy  shall  take  and  file  an  oath  in  the  manner  required  of  his  j^rincipal 
before  assuming  the  duties  of  his  office.     (Stats.  1923,  p.  632.) 


30  CALIFORNIA    IKRIGATION    DISTKR'T    T,A\V.S. 

Directors,  election  of  and  changing  number  of. 

Sec.  28.  In  any  district  the  board  of  directors  tliereof  must,  if  a 
petition  therefore  signed  by  a  majority  of  the  holders  of  title  or  evidence 
of  title  to  the  lands  within  said  district  representing  a  majority  in  value 
of  said  lands  shall  have  been  filed  in  the  office  of  the  board  at  least 
seventy  days  before  the  next  ensuing  general  irrigation  district  election, 
make  an  order  that  the  number  of  directors  in  said  district  shall  be 
changed  to  three  or  five,  or  that  the  directors  shall  lie  elected  by  the 
district  at  large  or  by  divisions,  or  that  both  the  numlier  of  directors  and 
the  method  of  their  election  shall  be  thus  changed,  as  may  be  requested 
in  said  petition ;  or,  the  board  of  directors  on  its  own  initiative,  by 
resolution  adopted  not  less  than  fifty  days  before  the  next  ensuing  gen- 
eral irrigation  district  election,  may,  and  said  lioard  must,  if  a  petition 
therefor  signed  by  at  least  five  hundred  holders  of  title  or  evidence  of 
title  to  lands  within  said  distri^'t  representing  at  least  twenty  per  cent 
in  value  of  the  lands  within  said  district  shall  have  been  filed  in  the 
office  of  the  board  at  lea.st  seventy  days  before  the  next  ensuing  general 
irrigation  district  election,  submit  to  the  qualified  electors  of  the  district 
at  said  election  the  question  whether  the  number  of  directors  in  said 
district  shall  be  changed  to  three  or  five,  or  whether  the  directors  shall 
be  elected  by  the  district  at  large  or  by  divisions,  or  whether  both  the 
number  of  directors  and  the  method  of  their  election  shall  be  thus 
changed.  If  upon  the  submission  of  said  question  at  an  election  as 
aforesaid,  a  majority  of  the  electors  voting  thereon  in  said  district  and 
a  majority  of  the  electors  voting  thereon  in  each  division  of  a  majority 
of  the  divisions  within  said  district  shall  approve  the  change,  or  changes, 
proposed  in  the  proposition  submitted,  the  board  of  directors  shall  make 
an  order  in  accordance  with  such  approval.  If  an  order  made  by  the 
board  of  directors  as  in  this  secvion  provided  shall  require  a  change  in 
the  method  of  electing  directors,  all  directors  thereafter  elected  in  said 
district  shall  be  elected  by  divisions  or  by  the  district  at  large  as  may  be 
provided  in  said  order.  If  such  an  order  shall  require  a  clinngo  in  the 
number  of  directors,  the  board  of  directors  shall  forthwith  redivirie 
said  district  into  the  number  of  divisions  corresponding  to  the  number 
of  directors  specified  in  said  order,  and  the  terms  of  office  of  all  the 
directors  of  the  district  shall  expire  on  the  first  Tuesday  in  March  fol- 
lowing the  next  general  irrigation  district  election,  and  at  said  election 
the  number  of  directors  designated  in  said  order  .shall  be  elected  and 
shall  enter  upon  the  duties  of  their  office  on  the  first  Tuesday  in  ]\Iarch 
next  following  their  election,  and  shall  classify  themselves  and  deter- 
mine the  length  of  their  respective  terms  in  the  manner  provided  in  this 
act  in  the  case  of  directors  elected  upon  the  organization  of  a  district. 
The  provisions  of  section  one  of  this  act  regarding  evidence  of  the 
genuineness  of  signatures  and  place  of  residence  of  petitioners  shall 
apply  to  the  petitions  provided  for  in  this  section.  If  a  question  is  sub- 
mitted to  the  electors  of  a  district  as  in  this  section  provided,  it  shall  be 
stated  on  the  ballot,  and  the  method  of  voting  thereon  shall  be,  as  nearly 
as  practicable  in  conformity  with  the  provisions  of  section  thirty  e_  of 
this  act,  and  the  notice  of  election  shall  contain  a  statement  showing 
what  change  or  changes  are  proposed  in  the  question  thus  to  be  sub- 
mitted.    (Stats.  1923,  p.  83.) 

Abbey  vs.  Board  of  Directors,  3S  Ca\.  App.  Dee.  797. 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  31 

Recall  of  officers. 

*Sec.  28^.  The  holder  of  any  elective  office  of  any  irrigation  district 
may  be  removed  or  recalled  at  any  time  by  the  electors;  provided,  he 
has  held  his  office  at  least  six  months.  The  provisions  of  this  section 
are  intended  to  apply  to  officials  now  in  office,  as  well  as  to  those  here- 
after elected.  The  procedure  to  effect  .such  removal  or  recall  .shall  be 
as  follows:  A  petition  demandino:  the  election  of  a  .siicce.ssor  to  the 
person  songrht  to  lie  removed  shall  be  filed  with  the  secretary  of  the 
board  of  directors  of  such  district,  which  petition  shall  be  signed  by 
registered  voters  equal  in  number  to  at  least  twenty-five  per  cent  of  the 
highest  vote  cast  within  .such  district  for  candidates  for  the  office,  the 
incumbent  of  which  is  sought  to  be  removed,  at  the  la.st  general  election 
in  such  district  at  which  an  incumbent  of  such  office  was  elected,  or,  in 
the  ca,se  of  the  removal  of  the  incumbent  of  an  office  elected  by  a 
subdivision  of  such  district,  such  petition  shall  be  signed  by  a  like 
percentage  of  qualified  electors  of  such  subdivision  computed  upon  the 
total  number  of  votes  cast  in  .such  .subdivision  for  all  candidates  for  the 
office,  the  incumbent  of  which  is  sought  to  be  removed,  at  the  last 
ccneral  election  in  such  subdivision  at  which  an  incumbent  of  such 
office  was  elected;  and  said  petition  shall  contain  a  statement  of  the 
grounds  on  which  the  removal  or  recall  is  sought,  which  statement  is 
intended  .solely  for  the  informatiou  of  the  electors.  Any  insufficiency 
of  form  or  sub.stance  in  such  statement  shall  in  nowise  affect  the  validity 
of  the  election  and  proceedings  held  thereunder.  The  signatures  to  the 
petition  need  not  all  be  appended  to  one  paper.  Each  signer  shall  add 
to  his  signature  his  place  of  residence,  giving  the  precinct,  and  if  within 
a  town  having  named  streets  and  numbered  houses,  street  and  number. 
Each  .such  separate  paper  shall  liave  attached  thereto  an  affidavit  made 
by  an  elector  of  the  district  and  sworn  to  i)efore  an  officer  competent  to 
administer  oaths,  stating  that  the  affiant  circulated  that  particular 
Iiaper  and  saw  written  the  signatures  appended  thereto;  and  that 
according  to  the  best  information  and  belief  of  the  affiant,  each  is  the 
genuine  signature  of  the  person  whose  name  purports  to  be  thereunto 
subscribed  and  of  a  qualified  elector  of  the  district.  Within  ten  days 
from  the  date  of  filing  such  petition,  the  secretary  of  the  board  .shall 
examine  and  from  the  records  of  registration  ascertain  whether  or  not 
said  petition  is  signed  by  the  requisite  number  of  qualified  electors,  and 
lie  shall  attach  to  said  petition  liis  certificate  showing  the  result  of  said 
examination.  If  by  the  said  certificate  the  petition  is  shown  to  be  insuf- 
ficient, it  may  be  .supplemented  within  ten  days  from  the  date  of  such 
certificate,  by  the  filing  of  additional  papers,  duplicates  of  the  original 
petition  except  as  to  the  names  signed.  The  secretary  shall,  within  ten 
days  after  sucli  supplementing  papers  are  filed,  make  like  examination 
of  a  supplementing  petition,  and  if  a  certificate  shall  show  that  all  the 
names  to  such  petition,  including  the  supplemental  papers,  are  still 
insufficient,  no  action  shall  be  taken  thereon;  but  the  petition  shall 
remain  on  file  as  a  public  record ;  and  the  failure  to  secure  sufficient 
names  shall  be  without  prejudice  to  the  filing  later  of  an  entirely  new 
petition  to  the  same  effect.  If  the  petition  shall  be  found  to  be 
sufficient,  the  secretaiy  shall  sumbit  the  same  to  the  board  of  directors 
without  delay,  whereupon  the  boai-d  shall  forthwith  cause  a  special 

'Removal  for  cause,  see  section  73,  infra. 


3!^  CAI.II'dHN'IA     IKHICA'l'KIN    DISTRICT    l,A\S'S!. 

election  to  be  held  within  not  less  than  thirty-tivc;  nor  more  than  forty 
days  after  the  date  of  the  order  calling  such  election,  to  determine 
whether  the  voters  will  recall  such  officer;  provided,  that  if  a  general 
election  is  to  occur  within  sixty  days,  from  the  date  of  the  order  calling 
for  such  election,  the  board  may  in  its  discretion  postpone  the  holding 
of  such  election  to  such  general  election  or  submit  such  recall  election 
at  any  such  general  election  for  officei-s  of  such  district  occurring  not 
less  than  thirty-five  days  after  such  order.  If  a  vacancy  occiu-  in  said 
office  after  a  recall  petition  is  filed,  the  election  shall  nevertheless  pro- 
•ceed  as  in  this  section  provided.  One  petition  is  sufficient  to  propose 
a  removal  and  election  of  one  or  more  elective  officials.  One  election 
is  competent  for  the,  removal  and  election  of  one  or  more  elective 
officials.  Nominations  for  any  office  under  such  recall  election  shall  be 
made  in  the  manner  i)rescribed  by  section  twenty-two  h  of  this  act. 

There  shall  be  jn'intcd  on  the  recall  ballot,  as  to  every  officer  whose 
recall  is  to  be  voted  on  thereat,  the  following  (piestion:  "Shall  ("name 
of  person  against  whom  the  recall  petition  is  tiled)  lie  recalled  from  the 
office  of  (title  of  the  office)?"  following  which  question  shall  be  the 
words  "Yes"  and  "No"  on  separate  lines,  with  a  blank  space  at  the 
right  of  each,  in  which  the  voter  shall  indicate,  by  stamping  a  cross  (X) 
his  vote  for  or  against  such  rcall.  On  such  ballots,  under  each  such 
question,  there  shall  also  lie  printed  the  names  of  those  persons  who  have 
been  nominated  as  candidates  to  succeed  the  person  recalled,  in  ca.se  he 
shall  be  removed  from  office  by  said  recall  election ;  but  no  vote  shall  be 
counted  for  any  candidate  for  said  office  unless  the  voter  also  voted  on 
said  question  of  the  recall  of  the  person  sought  to  be  recalled  from  said 
office.  The  name  of  the  person  against  whom  the  petition  is  filed  shall 
not  appear  on  the  ballot  as  a  candidate  for  the  office.  If  a  majority  of 
those  voting  on  said  (|uestion  of  the  recall  of  any  incumbent  from  office 
shall  vote  "No,"  said  incumbent  shall  continue  in  said  office.  If  a 
majority  shall  vote  "Yes,"  said  incumbent  shall  thereupon  lie  deemed 
removed  from  such  office,  upon  the  (pialilication  of  his  successor.  The 
election  shall  be  conducted,  canvass  of  all  votes  for  candidates  for  said 
office  shall  be  made  and  the  result  declared  in  like  manner  as  in  a 
regular  election  within  such  district.  If  the  vote  at  any  such  recall 
election  shall  recall  the  officer,  then  the  candidate  who  has  received  the 
highest  number  of  votes  for  the  office  shall  be  thereby  declared  elected 
for  the  remainder  of  the  term.  In  case  the  person  who  received  the 
highest  number  of  votes  shall  fail  to  ([ualify  within  ten  days  after 
receiving  the  certificate  of  election,  the  office  shall  be  deemed  vacant  and 
shall  be  filled  according  to  law.  If  the  vote  at  any  such  recall  election 
shall  not  recall  the  officer,  no  further  petition  for  the  recall  of  such 
officer  shall  be  filed  before  the  expiration  of  six  months  from  the  date 
of  such  first  recall  election.     (Stats.  Iflll,  Extra  Session,  p.  135.) 

This  section  is  constitutif»nal. 

Wiglrij  vs.  South  Sun  Jiitiriuiii  Irr.  Dist.,  31  Cal.  .\pp.   162,   159  Pac.  983. 


Ch(nnbC7-s  vs.  Ghnn-Colusd  Irr.  Dist..  37  Cal.  App.  Dee.  705. 


CALrPORNIA    IRRIGATION    DISTRICT    I,AWS.  33 

TITLE    TO    PROPERTY. 
Title  to  property  vests  in  district. 

Sec.  29.  The  legal  title  to  all  property  acquired  uuder  the  provisions 
of  this  act  shall  immediately  and  by  operation  of  law  vest  in  sneh 
irrigation  district,  and  shall  be  held  by  .sneh  district,  in  trust  for,  and 
is  hereby  dedicated  and  set  apart  to  the  uses  and  purposes  set  forth  in 
this  act.  And  said  board  is  hereby  authorized  and  empowered  to  hold, 
use,  acquire,  manage,  occupy  and  posse-ss  said  property,  as  herein  pro- 
vided. The  board  of  directors  ma.y  determine  by  resolution  duly  entered 
upon  their  minutes  that  any  property,  real  or  personal,  held  by  such 
irrigation  district  is  no  longer  necessary  to  be  retained  for  the  uses  and 
purposes  thereof,  and  may  thereafter  sell  such  propertj- ;  and  a  convey- 
ance of  any  property  held  by  an  irrigation  district,  executed  by  the 
president  and  secretary  thereof,  in  accordance  with  a  resolution  of  the 
board  of  directors  of  such  district,  when  sold  for  a  valuable  considera- 
tion, shall  convey  good  title  to  the  propertv  so  conveyed.  (Stats.  1909, 
p.  1075.) 

Beicitt  vs.  S.  J.  and  P.  Y.  Irr.  Dist..  124  Cal.  1S6  : 
Merchants  Bank  vs.  Escontlido  Semitiary,  144  Cal.  329  ; 
Jennison  vs.  Redfield.  149  Cal.  500: 
Tulare  Irr.  Dist.  vs.  Collins,  154  Cal.  440. 
(See  Sees.  44  and  47.) 

ISSUANCE  OF  BONDS. 
Estimate  of  money  needed  for  improvements. 

Sec.  30.  For  the  purpose  of  constructing  or  purchasing  necessary 
irrigation  canals  and  works,  and  acquiring  the  necessary  property  and 
rights  therefor,  and  for  the  purpose  of  acquiring  waters,  water  rights, 
reservoirs,  reservoir  sites,  and  other  propertj^  necessary  for  the  purposes 
of  said  district,  and  otlierwise  carrying  out  the  provisions  of  this  act, 
or  any  other  act  under  wliich  said  district  is  or  may  be  authorized  to 
aequii'e  property  or  construct  works,  the  board  of  directors  of  any  such 
district  must,  as  soon  after  such  district  has  been  organized  as  may  be 
practicable,  and  also  whenever  thereafter  the  board  of  directors  shall 
find  that  the  construction  fund  raised  by  the  last  previous  bond  issue  is 
insufBcient.  or  that  the  construction  fund  has  been  exhausted  by 
expenditures  herein  authorized  therefrom  and  it  is  necessary  to  raise 
additional  money  for  said  purposes,  estimate  and  determine  the  amount 
of  money  neces.sary  to  be  raised.  For  the  purpose  of  ascertaining  the 
amount  of  money  necessary  to  be  raised  for  .such  purposes,  or  any  of 
them,  said  board  sliall  cause  such  surveys,  examinations,  drawings  and 
plans  to  be  made  as  shall  fnnush  the  proper  basis  for  said  estimate. 
Said  surveys,  examinations,  drawings  and  plans,  and  the  estimate  based 
thereon  may  ju-ovide  tliat  the  works  necessary  for  a  completed  project 
shall  be  constructed  progressively  during  a  period  of  j-ears.  In  the 
e.stimate  of  tlie  amount  of  money  necessary  to  be  raised  by  the  first  issue 
of  bonds  in  any  district,  the  board  of  directoi-s  may  include  a  sum 
sufficient  to  pay  tlie  interest  on  all  of  such  bonds  for  three  years  or  less. 


3—27968 


34  CAI.IFORNIA    IRRIGATION    DIKTRICT    LAWS. 

All  such  surveys,  exaiiiinaticins.  draw  in  lis  and  ]ilaiis  shall  he  made  iiiidi 
the  direction  of  a  competent  iri-iaation  engineer  and  shall  h;'  eertiliri 
hyhim.     (Stats.  1919,  p.  G62.) 

Purposes  for  wliicli  bonds  may  be  issued  : 
Hufflison  \s.  Crane,  11.5  Oal.  404; 
Stimson  vs.  Alcssamlro  Dist.,  135  Cal.  SS9  ; 
Leetiian  vs.  Pcrris  Irr.  Dist.,  140  Cal.  .'JIO  : 
Hooker  vs.  East  Riverside  Dist..  38  Cal.  App.  615; 
Stowell  vs.  Rialto  Irr.  Dist.,  1G5  Cal.  215. 
(See  Sec.  616,  infra.) 

Plans  and  estimate : 

Board  of  Directors  vs.   Trcaea,  SS  Cal.   334  : 
Cullen  vs.   Olendora  Water  Co.,  113  Cal.  503; 
Hnghson  vs.  Crane,  115  Cal.  404  : 
Hanson  vs.  Kittitas  Dist.   (Wash.).  134  Pac.  1083; 
Board  of  Directors  vs.  Scott   (W^asli.),  140  Pac.  391. 


Bicschmann  vs.  Turlock  Irr.  Dist.,  47  Cal.  App.  321. 
Tormey  vs.  Anderson-Cottonwood  Irr.  Dist.,  53  Cal.  App. 
Ser-vis  vs.  Victor  Valley  Irr.  Dist.,  65  Cal.  Dec.  329. 


',~,fi    • 


Report  submitted  to  irrigation  district  bond  commission. 

Sec.  30a.  The  hoard  of  directors  shall  then  siihmit  a  copy  of  thr 
said  estimate  and  the  said  engineer's  report  to  the  commission  authorized 
by  law  to  approve  honds  of  irrigation  districts  for  certification  as  legal 
investments  for  savings  lianks  and  for  the  other  imrposes  specified  in  the 
act  creating  said  coinmissinn.'  Said  commission  shall  forthwith  examine 
said  report  and  any  data  in  its  possession  or  in  the  posses-^ion  of  said 
district  and  shall  make  such  additional  surve.vs  and  examinations  at  the 
expense  of  the  district  as  it  may  deem  proper  or  practicable,  and  as  soon 
as  practicable  thereafter  sliall  make  to  the  board  of  directors  of  said 
district  a  report  which  shall  contain  such  matters  as,  in  the  .iudgment 
of  the  said  commission  may  be  desirable;  lyrovkled,  that  it  may  state 
generally  the  conclusions  of  said  commission  regarding  the  supply  of 
water  available  for  the  ])rojeet,  the  nature  of  the  soil  proposed  to  be 
irrigated  as  to  its  fertility  and  susceptibility  to  irrigation,  the  probable 
amount  of  water  needed  for  its  irrigation  and  the  probable  need  of 
drainage,  the  cost  of  works,  water  rights  and  other  property  necessary 
for  a  complete  and  satisfactory  project,  the  proper  dates  of  maturit.v 
for  the  bonds  proposed  to  be  issue(i  and  whether  in  its  opinion  it  is 
advisable  to  proceed  with  the  proposed  bond  issue.  If  the  estimate  of 
the  amount  of  said  bond  issue  .--hall  have  included  any  amount  for  the 
payment  of  intere.st  on  the  bonds  of  such  issue,  as  provided  in  section 
thirt.y  of  this  act,  and  such  estimate  for  the  payment  of  interest,  or  any 
part  thereof,  is  approved  h.y  the  commi.ssion  in  said  report,  it  shall  be 
lawful  for  the  board  of  directors,  if  the  issuance  of  such  bonds  is  there- 
after authorized  by  vote  of  the  electors  of  the  district,  to  \ise  for  the 
payment  of  interest  on  any  bonds  of  such  issue  so  much  of  the  proceeds 
of  the  sale  of  said  bonds  as  may  have  been  approved  for  that  purpose 
in  said  report  of  the  commission.     (Stats.  1919,  p.  662.) 

Buschinavn  vs.  Turlork  Irr.  Dist.,  17  Cal.  App.  321. 

Order  determining  amount  of  bonds. 

Sec.  306.  If  after  such  examination  and  investigation  the  said 
commission  shall  deem  it  advisable  that  the  said  plans  be  modified  or 
that  the  amount  of  the  bonds  proposed  to  be  issued  be  changed,  or 

'See  p.  79  hereof. 


CALIFORNIA    IRRKiATION    DISTRU'T    LAWS.  35 

that  certain  coiiditioiis  should  he  prescribed  to  insure  the  success  oi 
the  project,  or  that  in  its  opinion  it  is  not  advisable  to  proceed  with 
the  proposed  bond  issue,  it  shall  so  state  in  its  report  to  the  board  of 
directors.  After  receiving'  said  report,  or  if  no  report  is  received  within 
ninety  days  after  the  submission  of  said  estimate  and  engineer's  report 
to  said  commission,  said  board  of  directors,  if  it  shall  determine  and 
sliall  declare  by  resolution  that  the  proposed  plan  of  works  or  some 
modified  plan  reeonunended  by  said  commission  is  .satisfactory  and  that 
the  said  pro.iect  or  said  modified  plan  is  feasible,  shall  make  an  order 
determining  the  amount  of  bonds  that  should  be  issued  in  order  to 
raise  the  money  necessary  therefor,  and  in  determining  said  amount 
sufficient  shall  be  included  to  cover  the  estimated  cost  of  inspection  of 
works  in  course  of  construction,  as  provided  for  by  law;  provided, 
that  if  any  district  shall  issue  bonds  to  carry  out  any  plans  approved 
by  said  commission  as  herein  provided  it  shall  be  unlawful  for  said 
district  to  make  any  material  change  in  .said  plans  thereafter  without 
tiu^  consent  of  said  commission.     (Stats.  1921,  p.  1108.) 

Special  election. 

Sec.  30r.  After  the  making  of  the  order  specified  in  section  thirty  h 
of  this  act  said  board  of  directors  may  call  a  special  election,  at  which 
sliall  be  submitted  to  the  electors  of  such  district  possessing  the  quali- 
fications prescribed  l).y  this  act,  the  question  whether  or  not  the  bonds 
of  said  district  in  the  amount  determined  in  said  order  of  said  board 
shall  be  issued,  and  .said  board  must  call  such  an  election  and  submit  said 
question  upon  receipt  of  a  jietition  signed  by  a  raa.jorit}'  of  the  holders 
of  title  or  evidence  of  title  to  lands  within  the  district,  representing, 
also,  a  majority  in  value  of  said  lands,  or  by  at  least  five  hundred 
petitioners,  each  petitioner  to  the  number  of  at  least  five  hundred  to  be 
an  elector  residing  within  the  district  or  a  holder  of  title  or  evidence  of 
title  to  land.s  therein,  provided  that  said  petitioners  .shall  include  the 
holders  of  title  or  evidence  of  title  to  not  less  than  twenty  per  cent  in 
value  of  said  lands.  In  determining  the  value  of  any  lands  within  an 
irrigation  district  and  the  holders  of  title  or  evidence  of  title  to  such 
lands  for  the  purpose  of  determining  the  sufficiency  of  any  petition 
required  by  tliis  act  after  the  organization  of  the  district,  the  asse.ssment 
roll  of  the  district  last  equalized  at  the  time  of  the  presentation  of  such 
petition  shall  be  conclusive  evidence,  but  if  no  assessment  roll  of  the 
disti-ict  has  theretofore  been  equalized,  then  the  county  assessment  roll 
of  the  county  within  which  any  lands  within  the  district  is  situated, 
which  county  assessment  roll  has  been  last  equalized  at  the  time  of  the 
presentation  of  such  petition,  shall  be  conclusive  evidence  of  such  facts 
for  such  land.      (Stats.  1919,  p.  664.) 

Who  may  sign  petition  ; 

Matter  of  Bonds  of  Soiitli  San  Joaquin  Irr.  District,  101   Cal.   'Mo. 

Election  ; 

noarti  of  rUnifors  \  s.  Ahila,  106  Cal.  365. 


HiiscJiJiKnin  vs.    Tiirhfck  Irr.  Dist..  47  Cal.   App.   :!l'1. 

Notice  of  election. 

Sec.  30r/.     Notice  of  siieh  elf'tioii  iinist  he  given  ])y  nostins^  notices 
in  tliree  pnl^lic  places  in  each  election  precinct  in  said  district  for  at 


36  CALIFORNIA    IRRIGATION   DISTRICT    LAWS. 

least  twenty  days  and  also  liy  piihliralion  of  sudi  notice  in  some  news- 
paper pnblislied  in  the  county  where  tlie  office  of  the  l)oard  of  directors 
of  such  district  is  required  to  be  kept,  once  a  week  for  at  least  three 
successive  weeeks.  Such  notices  must  specify  the  time  of  liolding  the 
election,  the  amount  of  bonds  proposed  to  be  issued;  and  said  election 
must  be  held  and  the  result  thereof  determined  and  declareil  in  all 
respects  as  nearl.y  as  practicable  in  conformity  with  the  ])ri)visi{)ns  of 
this  act  governing  the  election  of  officers  ;  provided,  that  no  informalities 
in  conducting  such  an  election  shall  invalidate  the  same  if  the  election 
shall  have  been  otherwise  fairly  conducted.     (Stats.  1917,  p.  762.) 

Questions  on  ballot;  two-thirds  vote. 

Sec.  30f.  At  said  election  questions  as  to  the  issuance  of  bonds  may 
be  submitted  separately  on  the  same  ballot  if  estimates  of  the  cost  of 
the  respective  projects  have  been  made  and  the  irrigation  district  bond 
commission  has  reported  thereon  and  the  respective  propositions  have 
been  stated  in  the  notices  of  the  election.  At  .such  election  the  ballots 
shall  contain  a  general  statement  of  the  proposition  or  propositions  to 
be  voted  on,  including  the  amount  of  lionds  proposed  to  be  issued  for 
each  purpose,  but  no  informality  in  such  statement  shall  vitiate  the  elec- 
tion. Each  proposition  shall  be  followed  by  the  words  "Yes"  and 
"No,"  on  separate  lines,  with  a  small  inclosed  space  after  eaeli  of  said 
words.  The  electors  shall  vote  for  or  against  any  proposition  l)y  stamp- 
ing a  cross  (X)  in  the  voting  space  after  the  word  "Yes"  or  "No" 
respectively.  On  the  ballot  shall  be  printed  the  following  under  the 
heading  "Instructions  to  voters":  "To  vote  for  a  proposition,  stamp 
a  cross  (X)  iii  the  voting  .space  after  the  word  'Yes'  following  the 
proposition.  To  vote  against  a  proposition,  stamp  a  cro.ss  (X)  in  the 
voting  space  after  the  word  'No'  following  the  proposition."  If  two- 
thirds  of  the  votes  cast  for  and  against  any  proposition  are  for  "Yes," 
the  board  of  directors  shall  cause  bonds  in  the  amount  specified  in 
such  proposition  to  be  issued;  provided,  that  if  said  election  shall  have 
been  called  after  the  presentation  of  a  petition  therefor  as  provided  in 
section  thirty  c  of  this  act,  the  board  of  directors  shall  cause  bonds  in 
the  amount  specified  in  any  proposition  to  be  issued  if  a  ma.jority  of  the 
votes  cast  for  and  against  said  proposition  are  for  "Yes."  If  the  num- 
ber of  votes  for  any  proposition  is  less  than  the  number  required  herein 
to  authorize  the  issuance  of  the  bonds  provided  for  therein,  the  result  of 
the  vote  on  said  proposition  .shall  be  entered  of  record,  but  said  propo- 
sition ma.y  be  again  .submitted  to  the  electors  of  the  district  at  a  special 
election  upon  the  presentation  to  the  board  of  directors  of  a  petition 
therefor  signed  as  provided  in  lection  thirtv  c  of  this  act.  (Stats.  1919, 
p.  664.) 

Sec.  IS  of  Art.  XI  of  state  Constitution  inapplicable: 
In  re  Madera  Dist.,  92  Cal.  236. 

Life  of  bonds;  interest;  denominations. 

Sec.  31.  Siib.iect  to  the  provisions  of  this  act,  the  board  of  directors 
shall  prescribe  the  form  of  the  bonds  issued  by  the  district  and  of  the 
interest  coupons  to  be  attached  thereto.  An  issue  of  bonds  is  hereby 
defined  to  be  all  the  bonds  i.ssued  in  accordance  with  a  proposal 
approved  by  the  electors  of  the  district.     Each  issue  of  the  bonds  of  a 


CALIFDKXIA    IRIUGATION    DISTRICT    I^AWS.  37 

district  sliall  be  ]miiil)ered  consecutively  as  authorized,  and  the  bonds 
of  eacli  issue  shall  l)e  jnuiibered  oonseeutively.  The  board  of  directors 
shall  fix  the  date  of  said  bonds,  or  may  divide  any  issue  into  two  or 
more  divisions  and  fix  different  dates  for  the  bonds  of  each  respective 
division.  The  date  of  any  bond  must  be  subsequent  to  the  election  at 
which  its  issuance  was  authorized  and  prior  to  its  delivery  to  a  pur- 
chaser from  the  district.  The  date  of  issue  of  any  bond  authorized 
under  this  act  or  heretofore  or  hereafter  issi;ed  in  pursuance  of  this  act 
shall  be  deemed  to  be  the  apparent  date  of  the  said  bond  appearing  on 
the  face  thereof.  Each  bond  shall  be  signed  by  the  president  and  secre- 
tary of  the  board  of  directors  of  the  district,  who  may  be  in  office  at 
the  date  of  said  bond  or  at  any  time  thereafter  prior  to  the  delivery  of 
said  bond  to  the  purchaser  thereof  from  the  district,  and  the  seal  of  the 
district  shall  be  impressed  on  each  bond.  The  interest  coupons  shall 
also  bear  the  signature  of  the  secretary  of  the  board  of  directors  or  a 
facsimile  of  such  signature.  The  board  of  directors  shall  Hx  the  denomi- 
nations of  said  bonds,  which  .shall  not  be  less  than  one  hundred  dollars 
nor  more  than  one  thousand  dollars.  Said  bonds  shall  bear  interest  at 
a  rate  to  be  fixed  by  the  board  of  director.s,  but  the  rate  shall  not 
exceed  six  per  centum  per  annum.  The  interest  shall  be  payable  on 
the  first  day  of  January  and  the  first  day  of  Julj^  of  each  year.  The 
board  of  directors  shall  also  designate  the  place  or  places  at  which 
said  bf)nds  or  any  of  them  and  the  interest  thereon  shall  be  payable.' 
Each  issue  or  each  division  of  any  issue  of  said  bonds  shall  lie  payable 
in  gold  coin  of  the  United  States  in  twenty  series  as  follows,  to  wit : 
at  the  expiration  of  twenty-one  years  from  the  date  of  any  issue  or  any 
division  of  any  issue  of  said  bonds,  two  per  centum  of  the  whole  amount 
of  such  issue  or  division ;  at  the  expiration  of  twenty-two  years  from 
said  date,  two  per  centum  of  the  whole  amount  of  such  issue  or  division ; 
at  the  expiration  of  twenty-three  yeai-s  from  said  date,  three  per  centum 
of  the  whole  amount  of  such  issue  or  division ;  at  the  expiration  of 
twenty-four  years  from  said  date,  three  per  centum  of  the  whole 
amount  of  such  issue  or  division ;  at  the  expiration  of  twent,y-iive  years 
from  said  date,  four  per  centum  of  the  whole  amount  of  such  issiie  or 
division ;  at  the  expiration  of  twenty-six  years  from  said  date,  ionr  per 
centum  of  the  whole  amount  of  .such  issue  or  division;  at  the  expiration 
of  twenty-seven  years  from  said  date,  four  per  centum  of  the  whole 
amount  of  such  issue  or  division ;  at  the  expiration  of  twenty-eight 
years  from  said  date,  four  per  centum  of  the  whole  amount  of  such 
issue  or  division;  at  the  expiration  of  twenty -nine  years  from  said  date, 
five  per  centum  of  the  whole  amount  of  such  issue  or  division;  at  the 
expiration  of  thirty  years  from  said  date,  five  per  centum  of  the  whole 
amount  of  such  issue  or  division ;  at  the  expiration  of  thirty-one  years 
from  said  date,  five  per  centum  of  the  whole  amount  of  such  issue  or 
division;  at  the  expiration  of  thirty-two  years  from  said  date,  five  per 
centum  of  the  whole  amount  of  such  i.ssue  or  division ;  at  the  expiration 
of  thirty-three  years  from  said  date,  six  per  centum  of  the  whole  amount 
of  such  issue  or  division;  at  the  expiration  of  thirt.v-four  years  from 
said  date,  six  per  centum  of  the  whole  amount  of  such  issue  or  division; 
at  the  expiration  of  thirty-five  years  from  said  date,  six  per  centum  of 
the  whole  amount  of  such  issue  or  division ;  at  the  expiration  of  thirty- 

'.\rt.  XI,  Sec.  13S,  ot  the  Constitution,  autliorizes  tine  payment  of  lionds  and  intei-est 
in  any  place  within  or  outside  of  the  United  States.     See  page  10  hereof. 


38  CAI,1K0KN'1  A     IlfUli;  \)|c)\    DIS'IKICT    I.AWS. 

six  years  from  said  date,  six  ]i"r  i-cntmiL  nl'  tin-  \\liolc  aiUDiiiil,  ol'  such 
issue  or  division;  at  tln'  expiration  ol"  thirty-seven  years  from  said  tlate, 
seven  per  eentuin  of  the  whoh^  amount  of  such  issue  or  division;  at  tlie 
expiration  of  thirty-eiglit  years  from  said  date,  seven  per  eentuin  of  the 
whole  amount  of  suc-h  issue  oi"  division;  at  tlie  expiration  of  thirty-nine 
years  from  said  date,  eight  per  centum  of  the  whole  amount  of  such 
issue  or  division;  at  the  expiration  of  forty  years  from  said  date,  eight 
per  centum  of  the  whole  amount  of  sucli  issue  or  division ;  provided. 
tliat  if  any  bonds  are  not  dated  on  tlie  first  day  of  .January  or  tlie  first 
day  of  July,  they  shall  nevertheless  be  made  payable  on  the  first  day  of 
January  or  the  first  day  of  July  next  preceding  the  date  on  which  they 
would  Isecome  payable  according  to  the  foregoing  schediile.  Bonds  of 
any  issue  may  be  made  payalib?  at  the  ends  of  other  periods  than  are 
specified  herein  and  the  number  of  series  may  be  more  or  less  than 
twenty  if  tlie  number  of  series  aud  the  length  of  the  respective  periods 
at  the  ends  of  which  the  respective  amounts  of  lionds  shall  lie  made 
payable  have  been  specified  in  the  notice  of  the  election  at  which  the 
issuance  of  such  bonds  was  authorized,  or  on  the  i-ecommendation  of  the 
irrigation  district  bond  commission,  but  in  any  event  the  bonds  shall  all 
be  made  payable  on  the  first  day  of  January  or  the  first  day  of  July 
next  preceding  the  ends  of  the  respective  periods  specified,  unless  said 
lionds  are  dated  on  the  first  day  of  January  or  the  first  day  of  July, 
and  in  no  ease  shall  the  maturity  of  any  liond  be  more  than  forty  years 
from  the  date  thereof,  nor  shall  more  than  eight  jier  centum  of  the 
total  amount  of  any  issue  or  division  be  made  payable  in  any  one  year 
if  the  number  of  series  is  made  more  than  twen+y.  Each  bond  shall 
be  made  payable  at  a  given  time  for  its  full  face  value  and  not  for  a 
percentage  thereof.     (Stats.  1919,  p.  665.) 

Date  of  maturity  of  bonds  and  time  of  payment  of  intuiest ; 
Crntml  Irr.  Dist.  \k.  DcUippe.  T'J  Cal.  351  ; 
Stowcll  vs.   RkiJto  In:  Dixt.,  l.ia  Cal.  21 5; 
Board  of  Directors  vs.  Peterson   (Ore.),   1-S   Pac.   S3T. 

Date  of  issue,  signature  of  secretary,  etc. : 

Wright  vs.  E<ist  niverside  District,  13S  Fed.  313  ; 
Hooker  vs.  Ea^t  Riverside  District,  3S  Cal.  App,  615. 

Negotiability  of  bonds  : 

Farweil  vs.  S.  J.  and  P.  V.  Irr.  Dist.   (Cal.  -A-pp.),  102  Par.  IdSl. 

Redemption  of  bonds : 

See  section  52,  page  52  hereof. 

Taxpa>'er's  suit : 

.Sechrist  vs.  Rialto  Irr.  Dist.,  129  Cal  610: 
Henrjf  vs.  Vinela7td  Irr.  Dist.,  140  Cal.  376. 
■See  aiso  section  69. 

Validity  of  bonds  in  hands  of  bona  fide  holders  : 

Stimson  vs.  .llcssandri)  Dist..  135  Cal.  3S9  ; 
Baxter  vs.  Vineknid  Dist..  136  Cal.  1S5  : 
Baese  vs.  Heitzeg,  15!i  Cal.  569  ; 
Ham  vs.  Grapcland  Dist.  172  Cal.  611  ; 
Tulare  Dist.  vs.  Shepard,  1.S5  TI.  S.  1. 

Turner  vs.  Rosburi/  Irr.  Dist.    (Idaho),   11(8  Pac.   465. 

Sale  of  bonds. 

Sec.  32.  The  board  may  sell  said  lionds  from  time  to  time  in  such 
quantitie-s  as  may  be  necessary  and  most  advantageous  to  raise  money 
for  the  construction  of  said  canals  and  works,  the  acquisition  of  said 
property  and  rights,  or  the  acquisition  of  any  water  or  water  rights, 


CAIJFOBNIA    TRRICATION    DISTKICT    I,AWS.  39 

ami  othei-vvi.st'  to  fully  i^ari-y  out  tlio  objot-ts  and  purposes  of  this  act. 
Before  making  any  sale  the  board  shall,  at  a  meeting,  by  resolution, 
declare  its  intention  to  sell  a  specified  amount  of  the  bonds,  and  the  day 
and  liour  and  place  of  such  sale,  and  shall  cause  such  resolution  to  be 
entered  in  the  minutes,  and  notice  of  the  «ale  to  be  given,  by  publica- 
tion thereof  at  least  three  Aveeks  in  some  newspaper  published  in  the 
ciHintj'  where  the  office  of  the  board  of  directors  is  located  and  in  any 
other  newspaper  at  its  discretion.  The  notice  shall  state  that  sealed 
jtroposals  will  be  received  by  the  board  at  their  office,  for  the  purchase 
nf  bonds,  till  the  day  and  hour  named  in  the  resolution.  At  the  time 
appointed  the  board  shall  open  the  proposals  and  award  the  ])urehase 
lit'  the  bonds  or  any  portion  or  portions  thereof  to  the  highest  responsible 
bidder  or  bidders;  provided,  however,  that  they  may  reject  any  ov  all 
liids;  and  provided,  further,  that  no  proposal  shall  be  accepted  which 
is  not  accompanied  by  a  certified  check  for  such  reasonable  percentage 
I  if  the  amount  of  the  bid  as  shall  be  determined  by  the  board  of 
directors,  but  in  no  event  less  than  two  per  cent  of  the  amount  thereof 
ti)  apply  on  the  purchase  price  of  the  bonds,  the  amount  of  which  check 
shall  be  forfeited  if  after  the  acceptance  of  the  proposal  the  bidder 
shall  refuse  to  accept  said  bonds  and  complete  his  purchase  thereof  on 
the  conditions  stated  in  his  proposal.  In  case  no  award  is  made,  the 
board  thereafter  may  either  readvertise  said  bonds  or  any  part  thereof 
for  sale  or  sell  the  same  or  any  part  thereof  at  private  sale  but  no  sale 
of  said  bonds  at  private  .sale  shall  be  valid  nuless  approved  by  the 
('aliforuia  bond  certification  commission.     (Stats.  1!)21,  p.  1108.) 

fjcrman  vs.  Perria  Dist..  140  Cal.  540  ; 
Stimmin  vs.   AlrKsdiiflrti  Irr.  Dist.,  135  Cal.  3S9  ; 
liiiikrtdr    Mi.   Withrroi)   (Wash.).  611  Par-.  399; 
Wiiiiuiii  \s.  Sruiic   iXi-ln-. ).  12S  N.  W.  SOI. 

Funding  or  refunding  bonds. 

Sec.  32'tt.  The  board  of  directors  of  any  irrigation  district  organized 
and  existing  under  or  suliject  to  the  provisions  of  this  act  may,  by  a 
majority  vote  of  the  niemliers  of  the  board,  submit  to  the  electors  of 
the  irrigation  district  at  any  election,  the  proposition  of  the  i.ssuance 
of  new  bonds  for  the  purpose  of  funding  or  refunding  any  or  all  bonds 
of  such  district  outstanding  at  the  time  of  such  election. 

Such  election  shall  be  held  and  the  result  thereof  determined  and 
declared  substantially  in  the  same  manner,  and  the  vote  required  for 
the  authorization  of  such  bonds  shall  be  the  same  as  provided  liy  this 
act  for  the  issuance  of  other  bonds  of  such  districts. 

Such  funding  or  refunding  bonds  shall  be  issued  in  substantially  the 
manner  and  in  the  form  required  by  this  act  for  the  issuance  of  other 
bonds  of  irrigation  districts,  and  the  provisions  of  this  act,  and  of  the 
act  creating  the  California  bond  certification  commission,  concerning 
the  aiithoi'ization.  certification,  issuance  and  sale  of  bonds  of  irrigation 
districts,  shall  be  ajiplicable  to  funding  or  refunding  bonds;  provided, 
hoicever.  that  the  maturities  of  said  funding  or  refunding  bonds  shall 
lie  fixed  by  the  board  of  directors  of  said  district,  .subject  to  the 
approval  of  the  California  bond  certification  commission,  but  in  no  ease 
shall  the  maturity  of  any  such  bonds  be  more  than  forty  years  from  the 
date  thereof.  Such  funding  or  refunding  bonds  may  be  sold  from  time 
to  time  in  the  same  manner  as  other  bonds  of  the  district,  or,  if  the 


40  CALIFORNIA    IKHIIiATION    DISTKICT    I,AWS. 

directors  of  the  ilislrid  and  llir  Imlilcrs  of  any  oiitstaiuliii^'  l)oii(ls  so 
elect,  any  such  funding;  or  i-efunding  hoiids  may  be  exchanjrcd  for  any 
outstandint;;  bonds.  Any  sucli  outstanding;  bonds  so  funded  or 
refunded  or  exchansed  shall  be  immediately  canceled  b\-  the  board  of 
directors.     (Stats.  192;?,  p.  628.) 

Election  on  sale  of  bonds  for  less  than  par. 

Sec.  32|.  If  any  irrigation  district  l)onds  have  been  authorized 
before  the  time  when  this  section  shall  go  into  effect  but  have  not 
been  sold  and  the  board  of  directors  of  said  district  deems  it  desirable 
that  said  board  be  authorized  to  sell  said  bonds  for  less  than  the  par 
value  thereof,  said  board  may  call  a  special  election  to  submit  to  the 
voters  of  the  district  said  proposition.  Such  election  shall  be  held  and 
notice  thereof  shall  be  given  in  the  same  manner  as  is  provided  in  the 
ease  of  special  elections  to  authorize  the  issuance  of  bonds  in  irrigation 
districts.  The  proposition  shall  be  stated  in  substantially  the  follow- 
ing form:  "Shall  the  board  of  directors  of (insert  the  name) 

irrigation  district  be  authorized  to  sell  bonds  of  the  district  for  less 
than  the  par  value  thereof?"  followed  by  the  words  "Yes"  and  "No," 
as  provided  in  section  thirty  hereof.  If  at  least  two-thirds  of  the  legal 
votes  cast  at  such  election  are  for  "Yes,"  then  the  board  of  directors 
may  sell  any  bonds  authorized  by  said  district  before  this  section  shall 
take  effect  to  tlii>  highest  responsible  bidder.     (Stats.  VM'.i,  p.  1000.) 

Paid  by  annual  assessment. 

Sec.  33.  Said  lionds  and  tlie  interest  thereon  shall  be  paid  from 
revenue  derived  from  an  annual  assessment  upon  the  land  within  the 
di.strict;  and  all  the  land  within  the  district  shall  be  and  remain  lial)le 
to  be  a.ssessed  for  such  payments  as  hereinafter  provided.  (Stats.  1917, 
p.  764.) 

Procedure  for  enforcement  of  lien  : 

Nevada  National  Bank  vs.  Poso  Irr.  Dist.,  140  Cal.   344; 

Boskowit::  \  s.  TUompson,  144  Cal.  724: 

Herring  vs.   Modesto  District,   95   Fed.   705  : 

Perkins  vs.  People  (Colo.),  147  Pac,  .356; 

Henrylyn  Irr.  Dist.  vs.   Thomas   (Colo.).  173  Pac.   541; 

Hem-yhjH  Irr.  Dist.  vs.  Thomas   (Colo.).   ISl   Pac.   979.  980; 

Rialto  Irr.  Dist.  vs.  Stowell,  246  Ferl.  294; 

Norris  vs.  Montezuma  Irr.  Dist.,  24S  Fed.  369  ; 

Gas  Securities  Co.  vs.  Antero  and  Lost  Park  Reservoir  Co.,  259  Fed.  423. 

Suit  by  bondholders  to  enforce  payment : 

Quintan  vs.  Equitable  Investment  Co.,  196  Fed.  314. 


I 


FariceU  vs.  San  Jacinto,  etc.,  Irr.  Dist.,  49  Cal.  App.  167. 

ASSESSMENT  FOR  COMPLETION  OF  WORKS. 
Assessment  to  complete  works;  notice  of  election;  ballots. 

Sec.  34.  In  case  the  money  raised  by  the  sale  of  bonds  issued  be 
insufficient,  or  in  case  the  bonds  be  unavailable  for  the  comjiJetion  of 
the  plan  of  canal  and  works  adopted,  and  the  ac(|uisition  of  the  neces- 
sary property,  waters  and  water  rights  therefor,  and  additional  bonds 
be  not  voted,  it  shall  be  the  duty  of  the  board  of  directors  to  provide 
for  the  completion  of  said  plan,  and  the  acquisition  of  such  necessary 
property,  waters  and  water  rights,  by  levy  of  assessments  therefor; 


CALIFORNIA    IRRIGATION    DISTRICT    I;A\VS.  41 

proi'idcd,  howcrcr.  thai  sucii  levy  of  assessments  shall  not  be  made 
except  first  an  estinuitc  of  the  amount  rcfiuired  for  sneh  ])urposes  has 
been  made  by  said  board,  and  the  question  as  to  the  making  of  said 
levy  submitted  to  a  vote  of  the  electors  of  the  district.  Before  such 
question  is  submitted  the  order  of  submission  shall  be  entered  in  the 
minutes  of  the  board,  stating  the  amount  to  be  levied  and  the  purpose 
therefor,  and  if  sul)mitted  at  a  special  election  said  order  shall,  in 
addition,  fix  the  day  of  election.  Notice  of  such  election  must  be  given 
by  posting  notices  in  three  public  places  in  each  election  precinct  in 
said  district  for  at  least  twenty  days,  and  also  by  publication  of  such 
notice  in  some  newspaper  published  in  the  county  where  the  office  of  the 
board  of  directors  of  such  district  is  required  to  be  kept  once  a  week 
for  at  least  three  successive  weeks.  Such  notices  must  specify  the 
time  of  holding  the  election,  and  the  amount  of  assessment  proposed  to 
be  levied.  Said  election  must  be  held  and  the  result  thereof  dcTermined 
and  declared  in  all  respects  as  nearly  as  practicable  in  conformity  with 
the  provisions  of  this  act  governing  the  election  of  officers ;  provided, 
that  no  informalities  in  conducting  such  an  election  shall  invalidate 
the  same,  if  the  election  shall  have  been  otherwise  fairl.y  conducted. 
At  .such  election  the  ballots  shall  contain  the  words  "Assessment — Yes", 
or  "A.ssessment — No",  or  words  equivalent  thereto.  Tf  a  majority  of 
the  votes  east  ai"e  "Assessment — Yes",  the  board  of  directors  shall 
cause  an  assessment  in  the  amount  named  in  the  order  of  submission 
to  be  levied;  if  a  ma.iority  of  the  votes  cast  are  "Assessment — No",  the 
result  of  such  election  shall  be  so  declared  and  entered  of  record. 
(Stats.  1911,  p.  514.) 

Cooner  vs.  Miller,  :13  Cal.  23S: 

Matter  of  Bonds  of  South  San  Joaiiuin  Dist.,  161  Cal.  345; 

Imperml  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  668  ; 

Corson  vs.  Crocker,  31  Cal.  App.  626; 

Buschmann  vs.  Turlock  Irr.  Dist.,  47  Cal.  App.  321  ; 

Ser-vis  vs.   Victor  Valley  Irr.  Dist.,  65   Cal.  Dec.  329. 

DUTIES   OF  THE  ASSESSOR. 
Duty  of  assessor;  improvements  exempt. 

Sec.  35.  The  assessor  must,  between  the  first  Monday  in  IMarch  and 
the  first  Monday  in  June,  in  each  year,  assess  all  real  estate  in  the  dis- 
trict, to  the  persons  ■who  own,  claim  or  have  po.ssession  or  control 
thereof,  at  its'  full  cash  value,  as  follows:  He  must  prepare  an  assess- 
ment book^  with  appropriate  headings,  in  which  must  be  listed  all  such 
property  within  the  district,  in  which  rau.st  l)e  specified,  in  separate 
columns,  under  the  apropriate  head:  (1)  the  name  of  the  person  to 
whom  the  property  is  assessed,  if  the  name  is  not  known  to  the  assessor, 
the  property  shall  be  assessed  to  "unknown  owners";  (2)  land  by 
township,  range,  section  or  fractional  section,  and  M'hen  such  land  is 
not  congressional  division  or  subdivision,  by  metes  and  bounds,  or  other 
description  sufficient  to  identify  it,  giving  an  estimate  of  the  number 
of  acres  and  locality;  (3)  city  and  town  lots,  naming  the  city  or  town 
and  the  number  and  l)lock,  according  to  the  system  of  numbering  in 
such  city  or  town;  (4)  the  cash  value  of  real  estate,  other  than  city  or 
town  lots;  (5)  the  cash  value  of  city  and  town  lots;  (6)   the  total  value 

'Pol.  C,  Sec.  3653.  provides  that,  upon  written  request,  the  county  assessor  must 
furnish  tlie  district  wjtli  a  certiiied  copy  of  the  assessment  book,  so  far  as  it  pertains 
lo  property  within  the  district. 


(' 


42  CAI.IKOKXIA    U!l!l<;  \'l'illN     lUSTKICT    LAWS. 

of  all  properly  assessed:  (7  I  the  lotal  \aliie  of  ail  |i|-oper1y  after 
ei[iializatioii  hy  the  hoard  of  directors;  (Si  such  other  tilings  as  llie 
board  of  directors  may  reijuire.  Iiniirovemeiits  on  any  lands  or  town 
lots  within  such  districts  shall  he  exempt  from  taxation  for  any  of  the 
purposes  mentioned  in  this  act.  Any  property  whicih  may  have  escaped 
the  payment  of  any  a^ssessment  for  any  year,  shall,  in  addition  to  the 
assessment  for  the  then  current  year,  be  assessed  for  such  year  with  the 
same  effect  and  with  the  same  penalties  as  are  providecl  for  in  such 
current  year.  The  term  improvements  as  used  in  this  sei'tion  includes 
trees,  vines,  alfalfa  and  all  growing  crops  and  all  buihlinsjis  and  sti'uc- 
tures  of  whatever  class  or  description  erected  or  being  erected  upon 
said  lauds  or  city  or  town  lots.     (Stats.  1917,  p.  764.) 

Cooper  vs.  Miller.  113  Cal.   23S  ; 

Escondklo  H.  S.  Dist.  vs.  Escondido  Scvniiaru,  130  Cal.  12.S; 

Best  vs.   Wohlford,  144   Cal.  733; 

W.  U.  Tel.  Co.  vs.  Modesto  Irr.  Dist.,  149  Cal.  662; 

Best  vs.   Wuhlford,   1.53  C:U.  17; 

Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  173  Cal.  CCS; 

Corson  vs.  Croeker,  31  Cal.  .\pp.  C26; 

Bruschi  vs.  Cooper,  30  Cal.  App.  C.S2  ; 

Miller  <f  Lux  vs.  Madera  Irr.  Dist.,  C4  Cal.  Dec.  S4. 

Assessor's  deputies. 

Sec  36.  The  board  of  directors  must  allow  the  a.ssessor  as  many 
deputies,  to  be  apjiointed  iiy  him,  as  will,  in  the  judgmeut  of  the  board, 
euable  him  to  complete  the  assessment  within  the  time  herein  jjre- 
scribed.  The  board  must  fix  the  compensation  of  sucli  dejiuties,  whicii 
sliall  be  paid  out  of  the  treasury  of  the  district.  Tlie  compensation  must 
not  exceed  five  dollars  per  day  for  each  ileputy,  for  the  time  actually 
engaged,  nor  must  any  allowance  be  made  but  for  work  doue  between 
the  first  Jlonday  in  IMarch  and  the  first  Jlouday  in  August  in  each  year. 

Time  for  completion  of  assessment  book;  time  for  equalizing  assessments. 

Sec.  37.  On  or  before  the  first  Monday  in  Aiigu.st  in  each  year,  the 
assessor  must  complete  his  assessment  book,  and  deliver  it  to  the  secre- 
tary of  the  board,  who  must  immediately  give  notice  thereof,  and  of  the 
time  the  board  of  directors,  acting  as  a  board  of  equalization,  will  meet 
to  equalize  assessments,  by  publication  in  a  newspaper  published  in  each 
of  the  counties  comprising  the  district.  The  time  fixed  for  the  meeting 
shall  not  be  less  than  twenty  nor  more  than  thirty  days  .from  the  first 
publication  of  the  notice;  and  in  the  meantime  the  assessment  liook 
must  remain  in  the  ofifice  of  the  secretary  for  the  inspection  of  all 
persons  interested. 

Lahman  vs.  Hatch,  124  Cal.   1  ; 

Miller  d  Lux  vs.  Modern  Irr.  Di.sf..  64   Cal.  Dec.  04  ; 

N.  P.  Rij.  Co.  vs.  .John  Day  Irr.  Dist.   (Oregon).  211  Pac.  7S1,  789. 

EQUALIZATION    OF    ASSESSMENT. 
Hearings  on  objections  to  assessments. 

Sec  38.  Upon  the  day  specified  in  the  notice  required  by  the  pre- 
ceding section  for  the  meetin.g,  the  board  of  directors,  which  is  hereby 
constituted  a  board  of  equalization  for  that  purpose,  shall  meet  and 
continue  in  session  from  time  to  time,  as  long  as  may  be  necessary,  not 
to  exceed  ten  days,  exclusive  of  Sundays,  to  hear  and  determine  such 
objections  to  the  valuation  and  assessment  as  may  come  before  them; 


C'AI.II'nKMA    IHlilGATION    UlSTlillT    LAWS.  43 

,iiul  the  lioard  may  change  the  valuation  as  may  be  just.  Tlie  secretary 
(if  tlie  board  shall  lie  present  diirino-  its  sessions,  and  note  all  changes 
made  in  tlie  valuation  of  property,  and  in  the  names  of  the  persons 
whose  property  is  assessed ;  and  within  ten  days  after  the  close  of  the 
session  he  shall  have  the  total  values,  as  finallj'  equalized  by  the  board, 
extended  into  columns  and  added. 

Lahman  vs.  Hatch,  124  Cal.  1  : 

Imiirrial  Land  Co.  vs.  Imperial  Irr.  Dist.,  173  Cal.  66S  ; 
Miller  d  Lux  \s. -Board  of  Supervisors,  64  Cal.  Dec.  57: 
Miller  if  Lux  vs.  Madera  Irr.  Dist.,  64   Cal.  Dec.   94. 

LEVY  AND  COLLECTION  OF  TAXES. 
Assessment  for  interest,  principal,  rentals,  etc. 

Sec.  39.  The  board  of  directors  .shall  then,  within  fifteen  days  after 
the  close  of  its  session  as  a  board  of  equalization,  levy  an  assessment  upon 
the  lands  within  the  district  in  an  amount  sufficient  to  raise  the  interest 
due  or  that  will  become  due  on  all  outstanding  bonds  of  the  district  on 
the  first  day  of  the  next  ensuing  January  and  the  fir.st  day  of  the  next 
ensuing  July,  or  that  the  board  of  directors  believes  will  become  due 
on  either  or  both  of  said  dates,  on  bonds  authorized  but  not  sold ;  also 
sufficient  to  pay  the  principal  of  all  bonds  of  the  district  that  have 
matured  or  that  will  mature  before  the  close  of  the  next  ensuing  calendar 
year;  also  sufficient  to  pay  in  full  all  sums  due  or  that  will  become  due 
from  the  district  liefore  the  time  for  levying  the  next  annual  assessment, 
on  account  of  rentals,  or  charges  for  lands,  water  or  water  rights 
ac(iuired  by  said  district  under  lea.se  or  contract ;  also  sufficient  to  pay 
in  full  all  sums  due  or  that  will  become  due  from  the  district,  before  the 
time  for  levying  the  next  annual  assessment,  on  account  of  contracts 
entered  into  by  the  district  for  power  or  fuel  used  or  to  be  used  for  the 
inimpiiig  of  water  for  the  irrigation  of  land  within  the  district ;  pro- 
I'idrd.  the  payment  of  the  cost  of  such  power  or  fuel  ha.s  not  been 
provided  for  by  the  levying  of  tolls  or  charges  for  the  use  of  water  or 
otherwise;  also  sufficient  to  pay  in  full  the  amount  of  all  unpaid  war- 
rants of  the  district  issued  in  accordance  with  this  act  and  the  amount 
of  any  other  contracts  or  obligations  of  the  disti'ict  which  .shall  have 
been  reduced  to  judgment ;  also  sufficient  to  raise  such  amount  not 
exceeding  two  per  centum  of  the  aggregate  value  of  the  lands  within  the 
district  according  to  the  latest  duly  equalized  assessment  roll  thereof, 
as  the  board  of  directors  shall  determine  may  be  needed  to  be  raised 
by  assessment  for  any  of  the  purposes  of  this  act.  The  board  of 
directors  may  also  include  in  any  annual  assessment  such  an  amount  as 
it  may  deem  proper,  not  exceeding  one  per  centum  of  the  total  assessed 
value  of  the  land  in  the  district,  to  be  apportioned  to  the  bond  fund  and 
to  l)e  used  as  provided  in  section  fifty-two  of  this  act,  for  the  redemption 
of  immatiired  bonds  of  the  district  or  for  the  creation  of  a  sinking  fund 
to  pay  any  of  such  Ijonds  as  they  become  due.      (Stats.  1923,  ]i.  627.) 

Cooper  vs.  Miller,  113  Cal.  23 S; 

Hufjhson  vs.  Crane,   115  Cal.  404; 

Lahman   vs.   Hatch.  124   Cal.   1: 

Eseondido  //.  &'.  Dist.  v.s.  Eseondido  Seminary,  130  Cal.   12S  ; 

Baxter  vs.  Vineland  Irr.  Dist.,  136  Cal.  185; 

Boskoxcitz  vs.   Thompson,  144   Cal.   724  ; 

Xevada  National  Bank  vs.  Poso  Dist..  149  Cal.  662  ; 

Matter  of  Bonds  of  South  San  Joaquin  Dist.,  161  Cal.  345; 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  660  ; 

Heicel  vs.   Hof/an.  3  Cal.  App.  24S: 

Nevada  National  Bank  vs.  Supervisors,  5  Cal.  App.  63S  ; 


44  f'Ar,IK01{NIA    IKRIOATION    DISTUICT    LAWS. 

Coraon  \\s.  Crorkir,  'M  Cal.  A  pp.  (120; 

Biischinanii  vs.   Tiirlock  ln\  IJist.,  47  L'al.  Atip.  o2l  ; 

Board  of  Supervifiors  v.s.  TUouxpson,  1-2  Fed.  SCO; 

Marra  vs.  N.  ,/.  and  />.  V.  /)r.  Disf.,  131  Fed.  7S0  ; 

Ebcrluird  vs.  Cano?i    (Colo.),  157  Puc.  1S9  ; 

ifio  Grande,  etc.,  Co.  vs.  Orchard  Mesa  District  (Colo.),  171  Pac.  367. 

Assessments  on  ad  valorem  basis  constitutional : 
In  re  Madera  Irr.  Dist.,  92  Cal.  29G. 

Payment  under  protest : 

Decker  vs.  Perrij,  4  Cal.  Unrep.  488. 

"Outstanding  l>onds"'  defined  : 

Board  of  Directors  vs.  Trcyea,  SS  Cal.  334,  3.5G. 


Borce  vs.  Posco  Irr.  Dist.,  36  Cal.  .\pp.  Dec.  199; 
Nelson  vs.  .-iJidrrsoH-GotfoiiWood  Irr.  Dist.,  51  Cal.  App.  92; 
Miller  d  Lux  vs.  Board  of  Superinsors,  64  Cal.  Dec.  57  ; 
Miller  d  Lnx  vs.  Madera  Irr.  Dist.,  64  Cal.  Deo.  94; 
McDonouffh  vs.  Cooper,  179  Cal.  384. 

Duty  of  secretary. 

Sec.  39a.  The  secretary  of  the  bocird  must  compute  and  enter  in  a 
separate  column  of  the  assessment  book  tlie  respective  sums  in  dollars 
and  cents  to  be  paid  as  an  assessment  on  the  property  therein  enumer- 
ated. When  collected,  the  assessment  sliall  be  i)aid  into  tlic  district 
treasury  and  be  ai)i)oi'tioii('(l  to  the  scvci'al  jiropcr  funds.  (Stats.  1D17, 
p.  76:5.) 

McDinviufjh  vs.  Cooper,  179  Cal.  3S4. 

Neglect  to  make  assessment. 

Sec.  39b.  If  as  the  result  of  the  neglect  or  refusal  of  the  board  of 
directors  to  cause  such  assessment  and  levies  to  be  made  as  in  this  act 
provided,  then  the  duly  equalized  assessment  made  by  the  county 
assessor  of  the  county  or  each  of  the  respective  counties  in  which  the 
district  is  situated  .shall  be  the  basis  of  assessment  for  tlie  district,  and 
the  board  of  .supervisors  of  the  county  in  which  the  office  of  the  board 
of  directors  of  said  district  is  situated  shall  cause  an  assessment  roll  of 
said  district  to  be  prepared,  and  shall  make  the  levy  required  by  this 
act,  in  the  same  manner  and  with  like  effect  as  if  the  same  had  been 
made  by  said  board  of  directors  and  all  (Expenses  incident  thereto  shall 
be  borne  by  such  district  and  may  be  collected  by  suit  at  law,  which 
shall  be  commenced  by  the  district  attorney  of  the  county  whose  board 
of  supervisors  caused  said  assessment  roll  to  be  prepared,  unless  the 
amount  of  such  expenses  shall  be  paid  within  sixty  days  from  the  time 
when  proper  demand  shall  have  been  made  therefor.  In  case  of  the 
neglect  or  refusal  of  the  collector  or  trea.surer  of  any  irrigation  district 
to  iierform  the  duties  imposed  by  law,  then  the  tax  collector  and  the 
treasurer  of  the  eount.v  in  which  the  office  of  the  board  of  directors  of 
such  district  is  situated  must  respectively  perform  such  duties  and  shall 
be  accountable  therefor  upon  their  official  bonds;  but,  in  case  any 
county  tax  collector  shall  collect  any  assessment  for  any  irrigation 
district,  he  shall  pay  the  same  to  the  county  treasurer,  who  shall  place 
such  money  in  special  fund  to  the  credit  of  the  district  and  shall  dis- 
burse the  same  to  the  proper  persons  for  the  purposes  for  which  such 
assessments  have  been  levied  and  .shall  not  pay  any  part  thereof  to  the 
treasurer  of  said  district  until  said  county  ti'easurer  shall  be  satisfied 
that  all  of  the  valid  obligations  for  which  such  assessments  were  levied 


C.VLIFORNU    IRRIGATION    DISTRICT   LAWS.  45 

aud  for  wliicli  payment  has  been  demanded  liave  bcPn  paid.      (Stats. 
IIHT.  1).  Tfio.) 

Duty  of  district  attorney. 

8ec.  39c.  It  shall  be  the  duty  of  the  disti-iet  attorney  of  eaeh  coiuity 
in  which  the  office  of  any  irrigation  district  is  located  to  ascertain  each 
year  whether  the  duties  relating  to  the  levying  and  collection  of  assess- 
ments, as  in  this  act  provided,  have  been  performed,  and  if  he  shall 
learn  that  the  board  of  directors  or  any  official  of  any  such  irrigation 
district  has  neglected  or  refused  to  perform  any  such  duty,  said  district 
attorney  shall  so  notify  the  board  of  supervisors  or  the  county  official 
required  by  this  act  to  perform  such  diTty  in  such  case,  and,  unless 
such  board  of  supervisors  or  such  county  official  shall  proceed  to  the 
performance  of  .such  duty  within  thirty  days  after  the  receipt  of  such 
notice  the  district  attorney  shall  take  such  action  in  court  as  may  be 
necessary  to  compel  the  performance  of  such  duty,  and  said  district 
attorney  shall  give  such  notice  to  other  officials,  and  shall  take  such 
action,  as  may  be  necessary  to  secure  the  performance  in  their  proper 
sequence  of  the  other  duties  relating  to  the  le\wing  and  collection  of 
a.ssessments,  as  in  this  act  provided,  that  for  the  enforcement  of  the 
levying  and  collection  of  any  a.ssessment  hereafter  required  to  be  levied 
and  collected  for  the  payment  of  any  debt  hereafter  incurred,  in  ease 
coinplaint  shall  be  made  to  the  attorney  general  of  the  State  of  Cali- 
fornia that  the  district  attorney  of  any  county  has  not  performed  any 
duty  devolving  upon  him  by  the  provisions  of  this  section,  or  that  he  is 
not  proceeding  ^nth  due  diligence  or  in  the  proper  manner  in  the 
jierformance  of  any  such  duty,  the  attorney  general  shall  make  an 
investigation,  and  if  it  shall  be  found  that  such  charge  or  charges  are 
true,  said  attorney  general  shall  take  such  measures  as  may  be  necessary 
to  enforce  the  performance  of  the  duties  relating  to  the  levying  and 
collection  of  assessments,  as  in  this  act  provided.     (Stats.  1917,  p.  766.) 

Marra  vs.  S.  J.  aittl  P.   V.  In:  Dist.,  131  Fed.  7S0. 

Extension  of  t.'me. 

Sec.  39fZ.  If  as  the  result  of  the  neglect  or  refusal  of  any  official  or 
officials  to  perform  any  duty  relating  to  the  levying  and  collection  of 
assessments,  as  in  this  act  provided,  it  shall  be  impossible  for  such  duty 
to  be  performed  within  the  time  required  and  such  duty  shall  subse- 
([uently  be  performed,  then  the  time  within  which  all  duties  con.sequeut 
upon  the  performance  of  such  duty  shall  be  performed  shall  be  extended 
so  as  to  allow  the  elapsing  of  the  intervals  required  by  this  act  to  elap.se 
between  the  performance  of  such  duties,  and  the  assessments  herein 
lirovided  for  shall  not  become  delinquent  for  at  least  thirty  days  after 
the  fii'st  publication  of  the  notice  that  such  assessments  are  due  aud 
pavable,  as  iinniiled  in  sei-fioji  fortv-oui'  of  this  act.  ("Stats.  1917, 
p.  767.) 

Assessment  of  land  omitted. 

Sec.  39f .  In  the  event  any  laud  within  said  district  subject  to  as.se^ss- 
ment  for  the  purposes  of  the  district  has  not  been  assessed  by  the  county 
assessor  or  does  not  appear  upon  the  county  assessment  roll  adopted  by 
said  board  of  supervisors  as  the  basis  of  assessment  for  the  district,  the 


46  CALIFORNIA    JKRRiATION    DISTRICT    LAWS. 

land  so  omitted  ])elonging  to  any  pei-son,  association,  coi-jjoration,  or 
municipality  shall  be  forthwith  assessed  by  the  county  assessor  upon 
an  order  of  the  lioard  of  supervisors  and  a  description  of  tlie  property 
so  omitted  shall  be  written  in  tlie  roll  prepared  for  the  purpose  of 
district  assessments.  In  such  case,  before  an.y  assessment  is  levied,  the 
board  of  supervisors  must  meet  and  equalize  said  assessment  witli  tliat 
of  the  assessment  of  other  lands  in  said  district.  The  same  notice  shall 
be  given  by  the  board  of  supervisors  of  such  meeting  for  purpose 
of  equalizing  the  assessment  to  be  made  as  herein  directed  as  is  provided 
in  this  act  to  be  given  by  the  board  of  directors  of  an  irrigation  district 
when  the  said  board  is  to  meet  for  the  purpose  of  equalizing  assess- 
ments. All  the  powers  and  duties  respecting  the  collection  of  ail 
assessment  on  possession  of,  claim  to,  or  right  to  the  possession  of  land 
now  provided  in  sections  three  thousand  eight  hundred  twenty,  tlu\e 
thon.sand  eight  hundred  twenty-one,  tiiree  thousand  eight  hundred 
twenty-two,  three  thousand  eight  hundred  twenty-three,  three  thou- 
sand eight  hundred  twenty-four,  three  thousand  eight  liuudred  twent.y- 
five  and  three  thousand  eight  hundred  twenty-nine  of  the  Political 
Code,  as  regards  county  a.ssessors  shall  appl.y,  so  far  as  applical)le  to 
irrigation  district  assessors.     (Stats.  1917,  p.  767.) 

Unpaid  tolls  part  of  assessment. 

Skc.  39/'.  Whenever  any  tolls  and  cliarges  for  the  use  of  water  and 
otlier  public  uses  provided  for  liy  tliis  act  liave  been  fixed  by  the  board 
of  directors,  it  shall  he  lawful  to  make  the  same  payable  in  advance  in 
i-ase  any  tolls  or  charges  remain  unpaid  at  the  time  specified  for  the 
delivery  of  the  assessment  book  to  the  collector  of  the  district,  the 
amount  due  for  such  tolls  and  charges,  may  be  added  to  and  become  a 
part  of  the  annual  assessment  levied  upon  the  land  upon  wliieh  the 
water  for  which  siich  tolls  and  charges  are  unpaid  was  used  and  upon 
the  lands  subject  to  tolls  and  charges  for  other  public  uses,  and  .shall 
constitute  a  lien  on  said  land,  and  if  sueli  a.ssessment  is  divided  and 
made  payable  in  two  installments  such  unpaid  tolls  and  charges  may  be 
added  to  and  become  a  part  of  the  first  installment  of  said  assessment. 
(Stats.  1923,  p.  630.) 

Assessment  becomes  a  lien,  when. 

Sec.  40.  The  assessment  upon  land  is  a  lien  against  the  propert.v 
asse.ssed  from  and  after  the  first  Monday  in  March  for  any  year. 
(Stats.  1917,  p.  768.) 

Miller  if  Lv3-  vs.  Mdilrva  Irr.  Dist.  6-1  C'al.  Dec.  94. 

Assessments  may  be  refunded,  when. 

Sec.  40(7-.  In  case  the  board  of  directors  of  any  irrigation  district 
shall  find  that  any  property  has  Ijeen  assessed  in  any  year  more  than 
once  or  has  lieen  assessed  l).v  reason  of  a  clerical  error  for  more  than  its 
full  casli  value,  or  computed  on  an  excessive  acreage,  or  that  any  prop- 
erty assessed  was  not  in  the  district  when  so  assessed,  the  board  ma.v 
authorize  the  collector  to  cancel  or  modify  such  assessment,  as  may  be 
proper,  and  in  ease  of  any  such  change  in  any  asses.sment,  the  secretary 
shall  credit  the  collector  with  the  amount  of  said  assessment  if  it  is 
canceled,  or  the  amount  bj^  what  it  is  reduced  if  it  is  modified. 


CALIFORNIA    IRRIGATION'    DISTRICT    LAWS.  47 

Any  assessments,  penalties  or  eusts  tliereun,  or  portioii.s  thereof,  pro- 
\  ided  for  by  this  act,  heretofore  or  hereafter  paid  more  than  once,  or 
heretofore  or  hereafter  erroneously,  or  illegally  collected,  may  by  order 
of  the  board  of  directors  be  refunded  by  the  district  treasurer. 

No  order  for  the  refund  of  assessments,  penalties  or  costs  under  this 
section  shall  be  made  except  upon  a  verified  claim  therefor  verified  by 
the  person  who  has  paid  said  assessments,  penalties  or  costs,  or  liy  his 
guardian,  or  in  case  of  his  death,  by  his  executor  or  administrator, 
which  said  claim  must  be  filed  \vithin  one  year  after  the  making  of  the 
payment  sought  to  be  refunded.      (Stats.  ]923,  p.  632.) 

Notice  that  assessments  are  due;  when  delinquent. 

Sec.  41.  On  or  before  the  first  day  of  November,  the  secretary  must 
deliver  the  assessment  book  to  the  collector  of  the  district,  who  shall 
within  twenty  days  publish  a  notice  in  a  newspaper  pulilislied  in  each 
county  in  which  any  portion  of  the  district  may  lie,  that  said  assess- 
ments are  due  and  payable  and  will  become  delinquent  at  six  o'clock 
p.m.  on  the  last  ilonday  of  December  next  thereafter,^  and  that  unless 
paid  prior  thereto  ten  per  cent  >A"ill  be  added  to  the  amount  thereof,  ami 
also  the  time  and  place  at  which  payment  of  assessments  may  be  made, 
which  notice  shall  be  inililished  for  the  period  of  two  weeks.  The  col- 
lector must  attend  at  the  tinu^  and  place  specified  in  the  notice  td 
receive  assessments,  which  iiuist  he  paid  in  gold  and  silver  coin ;  he 
mu.st  mark  the  date  of  payment  of  any  assessment  in  the  assessment 
book,  opposite  the  name  of  the  person  paying  and  give  a  receipt  to  such 
person,  specifying  the  amount  of  the  assessment  and  the  amimnt  paid, 
with  the  description  of  the  property  assessed.  On  the  last  ilonday  in 
December  at  six  o'clock  p.m.  of  each  year,^  all  unpaid  assessments  are 
deliiupient  and  thereafter  the  collector  must  collect  thereon,  for  the 
use  of  the  district,  an  addition  of  ten  per  cent.      (Stats.  1913,  p.  1002.) 

San  Diego  vs.  Linda  Vista  Dist..   108  Cal.   1S9  ; 

Perry  vs.   Otay  Irr.  Dist..  127   Cal,   565  ; 

Brusehi  vs.  Cooper,  .3(1  Cal.  App.  6S2  ; 

Corson  vs.  Crocker,  31  Cal.  App.  626; 

Holland  vs.  Avondale  Dist.   tidalio),   166   Pac.   259. 

Farwell  vs.  San  Jacinto  etc.  Irr.  Dist.,  49  Cal.  App.  167. 

Suit  against  delinquent,  to  collect  assessment. 

Sec.  410.  The  board  of  directors  may  at  any  time  after  any  assess- 
ment has  become  delinquent  direct  the  collector  not  to  proceed  with  the 
sale  of  au}'  property  on  the  delinquent  list,  but  to  bring  suit  against 
the  delinquent  in  the  proper  court  in  the  name  of  the  district  to  enforce 
such  collection.  The  provisions  of  the  Code  of  Civil  Procedure  relat- 
ing to  pleadings,  proofs,  trials,  and  pleas  are  hereby  made  applicable 
to  the  proceedings  herein  jirovided  for,  and  in  such  suit  the  district 
may  recover  the  amount  of  said  assessment  together  with  the  penalties 
and  interests,  provided  in  this  act,  and  costs  of  suit.  (Stats.  1915, 
p.  1368.) 

Irrigation  district  a^scHsmfnt   Is  an  ;is;se.ssmfnt  for  benefits. 
Snn  Diefjo  vs.   Linda    Vista  Iir.   Disi.,   1"S   Cal.    l.S!t. 

As  to  t-nforcement  of  collection  by  suit  against  rlelinciuent.  see 

Atchison  T.  <(■  S.  F.  Ry.  Co.  vs.  Reclamation  Dist.,  173  Cal.  91. 


^If  provision  has  bcon  made  for  the  payment  of  assessments  in  two  installments, 
one-half  lieconies  delirquent  at  the  above  time  and  one-half  at  6  p.m.  on  the  last 
Monday  of  June  next  thereafter.  See  section  4  of  the  act  of  1909  permitting  payment 
of  assessments  in  two  installments,  page  76  hereof. 


48  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

PUBLICATION  OF  DELINQUENT  NOTICE. 
Delinquent  list;  day  of  sale. 

Sec.  42.  Oii  or  before  llic  lirst  day  of  February,  the  collector  must 
publish  the  deliixiueiit  list,'  whieli  must  eontaiu  the  names  nf  tlie  persons 
and  a  description  of  the  property  delinquent,  and  the  amount  of  the 
assessments  and  eosts  due  opposite  eaeh  name  and  description.  He 
must  append  to  and  jiublish  with  the  delinquent  list  a  notice,  that  unless 
the  assessments  delinquent,  together  with  costs  and  percentage,  are 
paid,  the  real  property  upon  which  such  assessments  are  a  lieu  will  be 
sold  at  public  auction.  The  publication  must  be  made  once  a  week 
for  three  successive  weeks,  in  a  newspaper  published  in  the  county  in 
which  the  property  delinquent  is  situated;  provided,  that  if  any 
property  assessed  to  the  .same  per.son  or  corporation  shall  lie  in  more 
than  one  county,  then  such  publication  may  be  made  in  any  county  in 
wliieh  any  portion  of  such  property  may  lie.  The  publication  must 
designate  the  time  and  place  of  sale.  The  time  of  sale  must  not  be  less 
than  twenty-one  nor  more  than  twenty-eight  days  from  the  first  publica- 
tion, and  the  place  must  be  at  some  point  designated  by  the  collector, 
within  the  district;  provided,  however,  that  if  there  should  occur  any 
error  in  the  publication  of  the  sale  of  the  delinquent  property,  wliicli 
might  invalidate  a  sale  made  tliereunder,  and  such  error  is  discovered 
prior  to  sale  tliereunder  the  collector  shall  at  once  republish  the  sale  of 
tlie  property  affected  by  such  error,  making  such  republication  conform 
to  the  provisions  of  this  law,  and  the  time  of  sale  designated  in  such 
republication  must  not  be  less  than  twenty-one  nor  more  than  twenty- 
eight  days  from  the  first  republication ;  and  the  place  of  sale  must  be  at 
some  point  designated  by  the  collector  within  the  district,  and  stated  in 
such  republication. 

Best  vs.   WoMford,   153   Cal.   17  ; 
Bruschi  vs.  Cooper,  30  Cal.  App.   682-96. 

SALE  FOR  DELINQUENT  TAXES. 
Sale  of  property  for  delinquent  taxes. 

Sec.  43.  The  collector  must  collect,  in  addition  to  the  assessments 
due  on  the  delinquent  list,  and  ten  per  cent  added,  fifty  cents  on  each 
lot,  piece  or  tract  of  land  separately  assessed.  On  the  day  fixed  for  the 
sale,  or  some  subsequent  day  to  which  he  may  have  postponed  it,  of 
which  he  must  give  notice,  the  collector,  between  the  houi's  of  ten  a.m. 
and  three  o'clock  p.m.,  nnist  commence  the  sale  of  the  property  adver- 
tised, commencing  at  the  head  of  the  list  and  continuing  alphabetically, 
or  in  the  numerical  order  of  the  lots  or  blocks,  until  completed.  Ho 
may  postpone  the  day  of  commencing  the  sales,  or  the  sale,  from  da.y  to 
day,  but  the  sale  miLst  be  completed  within  three  weeks  from  the  day 
first  fixed;  provided,  that  if  any  sale  or  sales  shall  be  stayed  by  legal 
proceedings,  the  time  of  the  continuance  of  such  proceedings  is  not 
part  of  the  time  limited  for  making  .such  sale  or  sales;  and  provided 
further,  that  in  any  district  where  the  validity  of  anj'  assessment  shall 
be  in  litigation  at  the  time  this  act  shall  take  effect,  the  sale  of  any 

'If  provision  lias  been  made  for  the  payment  of  assessments  in  two  installments, 
publication  of  the  delinciuent  list  shall  not  be  made  before  the  first  day  of  Julj-,  but 
must  be  made  on  or  before  the  first  day  of  Augi.ist.  See  section  5  of  the  act  of  1909 
permitting  the  payment  of  asses.sments  in  two   installments,  page  76   hereof. 


CALIFORNIA     IKKICATIOX    DISTKICT    LAWS.  41) 

property,  whether  it  l)o  involved  iii  such  litigation  or  not.  may  be  post- 
poned for  a  time  not  to  exceed  four  months.     (Stats.  19] H.  p.  1003.) 

Woodruff  vs.  Perry.  103  Cut.  611  ; 
Baxter  vs.  Vineland  Dist..  136  Cal.  lS5-iy3  ; 
Bruschi  vs.  Cooper,  30  Cal.  App.  6S2  : 
Corson  vs.  Crocker^  31  Cal.  App.  626. 

Rights  of  owner  of  realty ;  resale  in  default  of  payment;  district  may  purchase. 

Sec.  44.  The  owner  or  person  in  possession  of  any  real  estate  ofPered 
for  sale  for  assessments  due  thereon  may  designate,  in  writing,  to  the 
collector,  prior  to  the  sale,  what  portion  of  the  property  he  wishes  sold, 
if  less  than  the  whole;  but  if  the  owner  or  possessor  does  not,  then  the 
collector  may  designate  it  and  the  person  who  will  take  the  least  quan- 
tity of  the  land,  or  in  ease  an  undivided  interest  is  assessed,  then  the 
smallest  portion  of  the  interest,  and  pay  the  assessments  and  costs  due, 
including  two  dollars  for  the  duplicate  certificate  of  sale,  is  the 
purchaser.  If  the  purchaser  does  not  pay  the  assessments  and  costs 
before  ten  o'clock  a.m.  the  following  day,  the  property  on  the  next  sale 
day  must  be  resold  for  the  assessments  and  costs.  But  in  case  there  is 
no  purchaser  in  good  faith  for  the  same  on  the  fii'st  day  that  the  prop- 
erty is  offered  for  sale,  then,  when  the  property  is  offered  thereafter 
for  sale,  and  there  is  no  purchaser  in  gooci  faith  for  the  same,  the  whole 
amount  of  the  property  assessed  shall  be  struck  off  to  the  irrigation 
district  within  which  such  lands  are  situated,  as  the  purchaser,  and  the 
duplicate  certificate  delivered  to  the  trea.snrer  of  the  district,  and  filed 
by  him  in  his  office.  No  charge  shall  be  made  for  the  duplicate  cer- 
tificate where  the  district  is  the  purchaser,  and,  in  such  case,  the  col- 
lector shall  make  an  entry,  "sold  to  the  district,"  and  he  shall  be 
credited  with  the  amount  thereof  in  his  settlement.  An  irrigation  dis- 
trict as  a  purchaser  at  such  sale,  shall  be  entitled  to  the  same  rights  as 
a  private  purchaser,  and  the  title  so  acciuired  by  the  district,  subject  to 
tlie  right  of  redemption  herein  provided,  may  be  conveyed  by  deed, 
executed  and  acknowledged  by  the  president  and  secretary  of  said 
board ;  provided,  that  authority  to  so  convey  must  be  conferred  by  reso- 
lution of  the  board  entered  on  its  minutes,  fixing  the  price  at  which 
such  sale  may  be  made,  and  such  conveyance  shall  not  be  made  for  a 
sum  less  than  the  amount  of  the  delimiuent  a.ssessmcnts,  interest,  penal- 
ties and  costs.     (Stats.  1923,  p.  6.31.) 

Designation  of  least  quantity,  etc.  : 

Best  vs.  Wohlford,  153  Cal.  17-20. 

Priority  of  tax  liens  : 

Nevada  National  Bank  vs.  Poso  Dist.,  140  Cal.   344; 
Henrylyn  Irr.   Dist.   vs.  Patterson    (Colo.).    176   Pac.   493; 
(Political  Code,  .section  3TS7  ;  Sec.  48,  infra.) 

Certificate  of  sale. 

Sec.  45.  After  receiving  the  amount  of  assessments  and  costs,  the 
collector  mu.st  make  out  in  duplicate  a  certificate,  dated  on  the  day  of 
sale,  stating  (when  known)  the  name  of  the.per.son  assessed,  a  descrip- 
tion of  the  land  sold,  the  amount  paid  therefor,  that  it  was  sold  for 
assessments,  giving  the  amount  and  year  of  the  assessment,  and  specify- 
ing the  time  when  the  purchaser  will  be  entitled  to  a  deed.    The  certifi- 

4— JTS"* 


50  CALlFOKNiA    IKHKJ A'I'li  JN    DIS'I'KICT    T>A\VS. 

cate  must  lie  signed  by  llic  i-ollcctdr.  iiiul  one  copy  (Iclivt'i-cd  to  tlie 
purchaser,  and  tlie  other  hied  in  the  offiee  of  the  county  recorder  of  the 
county  in  which  the  land  is  situated. 

Wilson   vs.    Carter,    117    Cal.    53  ; 
Best  vs.  Wohlford,  153  Cal.  17  ; 
Bruschi  vs.  Cooper,  30  Cal.  App.  682  ; 
Corson  vs.  Crocker,  31   Cal.  App.   626; 
McDonough  vs.   Cooper,  179  Cal.   384  ; 
(See  section  48,  infra.) 

Record  book  of  property  sold  for  assessments. 

Sec.  46.  The  collector,  hefore  delivering  any  certificate,  must  in  a 
hook  enter  a  description  of  the  land  sold,  corresponding  with  the  descrip- 
tion in  the  certificate,  the  date  of  the  sale,  purchasers'  names,  and 
amount  paid,  regularly  number  the  description  on  the  margin  of  the 
book,  and  put  a  corresponding  number  on  each  certificate.  Such  book 
must  be  open  to  public  inspection,  without  fee,  during  office  hours,  when 
not  in  actual  use.  On  filing  the  certificate  with  such  county  recorder 
the  lien  of  the  assessments  vests  with  the  purchaser,  and  is  only  divested 
bj'  the  paj'iuent  to  him,  or  to  the  collector  for  his  use,  of  the  purchase 
money,  and  two  per  cent  per  month  from  the  day  of  sale  until 
redemption. 

REDEMPTION  OF  PROPERTY  SOLD  FOR  DELINQUENT  TAXES. 
Redemption  of  property. 

Sec.  47.  A  redemption  of  the  property  sold  may  be  made  by  the 
owner,  or  any  party  in  interest,  within  three  years  from  the  date  of 
purchase,  or  at  any  time  thereafter  before  a  deed  has  been  made  and 
delivered.  Redemption  must  be  made  in  gold  or  silver  coin,  as  provided 
for  the  collection  of  state  and  county  taxes,  and  when  made  to  the 
collector  he  must  credit  the  amount  paid  to  the  person  or  his  assignees. 
In  each  report  the  collector  makes  to  tlie  board  of  directors,  he  must 
name  the  person  entitled  to  redemption  money,  and  the  amount  due 
each.  On  receiving  the  certificate  of  sale,  the  county  recorder  must 
file  it  and  make  an  entry  in  a  book  similar  to  that  required  of  the 
collector.  On  the  presentation  of  the  receipt  of  the  person  named  in 
the  certificate,  or  of  the  collector  for  his  use  of  the  total  amount  of  the 
redemption  money,  the  recorder  mu.st  mark  the  word  "redeemed,"  the 
date,  and  by  whom  redeemed,  on  the  certificate  and  on  the  margin  of 
the  book  where  the  entry  of  the  certificate  is  made.  If  the  property 
is  not  redeemed  within  the  time  herein  provided,  the  collector  or  his 
successor  in  office,  upon  demand,  must  make  to  the  purcha.ser,  or  his 
assignee,  a  deed  of  the  property,  reciting  in  the  deed  substantially  the 
matters  contained  in  the  certificate,  and  that  no  person  redeemed  the 
property  during  the  time  allowed  bj^  law  for  its  redemption ;  provided, 
that  where  property  has  been  sold  to  the  district  it  may  be  redeemed  as 
herein  provided,  at  any  time  before  the  district  has  disposed  of  the 
same.  The  collector  shall  receive  from  the  purchaser,  for  the  use  of  the 
district,  two  dollars  for  making  such  deed.     (Stats.  1921,  p.  1109.) 

Bruschi  vs.  Cooper,  80  Cal.  App.  6S2. 

Delinquent  taxes  not  bar  to  dissolution;  deed  of  land  sold. 

Sec.  47^.  The  five  year  period  herein  prescribed  for  the  redemption 
of  properties  sold  for  delinquent  taxes  shall  not  operate  as  a  bar  to  the 


CALIFORNIA    IKHKIATION    DISTRICT    I^AWi?.  51 

dissolution  oi'  any  irrif;ati(in  disti-icl.  IT  any  lantl  lias  been  sold  for 
delinquent  taxes  of  a  district  in  v)rocess  ol'  dissolution,  or  in  a  district 
which  has  been  dissolved,  and  the  time  allowed  for  redemption  has  not 
expired,  the  owner  of  such  i)roperty  or  any  one  in  interest  may  redeem 
the  same  by  payintf  the  amount  due  thereon,  coin[)uted  as  provided  in 
section  forty-six  of  this  act,  to  the  county  treasurer,  who  must  issue  his 
receipt  therefor,  and  upon  the  presentation  of  such  receipt  the  county 
recorder  must  cancel  the  certificate  of  sale  in  the  manner  required  iu 
the  preceding  section. 

In  the  event  any  land  has  been  sold  for  nonpayment  of  taxes  as 
herein  provided,  and  no  redemption  has  been  made  within  five  years 
from  the  date  of  purcliase  in  any  district  which  may  have  lieen  dis- 
solved before  the  expiration  of  said  redemption  jieriod,  then  a  deed  for 
the  property  sold  and  described  in  the  cei'tificate  of  sale  must  be  made 
to  the  purcliaser  upon  demand  by  the  county  treasurer  of  the  county 
in  which  said  irrigation  district  is  or  was  situated.  Such  deed  shall 
contain  all  the  recitals  of  the  certificate  of  sale,  and  in  addition  thereto, 
a  recital  tliat  the  district  has  been  dissolved,  and  a  deed  executed  in 
pui-suance  of  the  authority  given  by  this  section.  A  deed  so  executed 
sliall  have  the  .same  force  and  effect  as  if  executed  by  the  collector  of 
an  irrigation  district.      (Stats.  1911,  p.  516.) 

Tax  deed  evidence  of  what. 

Sec.  48.  The  matter  recited  in  the  certificate  of  sale  must  be  recited 
in  the  deed,  and  such  deed  duly  acknowledged  or  proved  is  prima  facie 
evidence  that:  (a)  The  property  was  assessed  as  required  by  laW;  (h) 
the  property  was  equalized  as  required  by  law;  (c)  the  assessments 
were  levied  in  accordance  witli  law;  (d)  the  assessments  were  not  paid; 
(e)  at  a  proper  time  and  place  the  property  was  sold  as  prescribed  by 
law,  and  by  the  proper  officer;  (/')  the  property  was  not  redeemed;  (g) 
the  person  who  executed  the  deed  was  the  proper  officer. 

Such  deed  duly  acknowledged  or  proved  is  (except  as  against  actusl 
fraud)  conclusive  evidence  of  the  regularity  of  all  the  proceedings  from 
the  assessnu^nt  l)y  the  assessor,  inclusive,  up  to  the  execution  of  the  deed. 
The  deed  conveys  to  the  grantee  the  absolute  title  to  the  lands  described 
therein  free  of  all  encumbrances,  except  when  the  land  is  owned  by  the 
Ignited  States,  or  this  state,  in  which  case  it  is  prima  facie  evidence  of 
the  right  of  possession. 

Coopet-  vs.  Miller.  113  Cal.  23S  : 

Escondldo  H.  .S.  Dist.  vs.  Escondido  Scniiniinj,  130  Cal.  128; 

Best.  vs.   Wohl/urd,   144   Cal.  733; 

Best  vs.  Wohlford.  153  Cal.  17; 

Haese  vs.  Heitzig,  15a  Cal.  569,  575  ; 

UeDonough  vs.   Cooper.   179   Cal.   384  ; 

Bnischi  vs.  Cooper,  30  Cal.  App.  CS2  ; 

Corson  vs.  Croeker,  31  Cal.  App.   626. 

Assessment  book  evidence  of  what. 

Sec.  49.  The  assessment  book  or  delinquent  list,  or  a  copy  thereof, 
certified  by  the  collector,  showing  unpaid  assessments  against  any 
person,  or  property,  is  prima  facie  evidence  of  the  assessment,  the 
property  assessed,  the  delinquency,  the  amount  of  assessments  due  and 
unpaid,  and  that  all  the  forms  of  the  law  in  relation  to  the  assessment 
and  levy  of  such  assessments  have  been  complied  with. 

Brusehi  vs.  Cooper,  31  Cal.  App.  682  ; 

Boree  vs.  Pasco  Irr.  Dist.,  36  Cal.  App.  Dec.  199. 


C>2  CAIiiKOIiMA     lUKKiATiON    DIS'I'H  ICT    LAWS. 

Misnomer  does  not  invalidate. 

Sec.  50.  When  land  is  sold  i'or  assussinenls  currcrlly  iiiiposcd,  as  the 
property  of  a  particular  person,  no  misnomer  of  the  owner,  or  supposed 
owner,  or  other  mistake  relating  to  the  oAvnersIiip  thereof  affects  the 
sale,  or  renders  it  void,  or  voidable. 

Escondido  H.  S.  Dist.  vs.  Rsrondido  Seminary,  130  Cal.  328; 
Commercial  National  Bank  vs.  Schlit~,  6  Cal.  App.  174,  ].S:i; 
Brnschi  vs.  Cooper.  30   Cal.  App,    6.S2. 

Settlements  between  secretary  and  collector. 

Sec.  51.  On  the  first  ^Monday  in  each  month,  the  eolleetor  must  settle 
with  the  secretary  of  the  board  for  all  moneys  collected  for  assessments, 
and  pay  the  same  over  to  the  treasiirer;  and  within  six  days  thereafter 
he  must  deliver  to  and  file  in  the  oflfiee  of  the  secretary  a  statement  under 
oath,  showing:  (a)  An  account  of  all  his  transactions  and  receipts  since 
his  last  settlement;  (h)  that  all  money  collected  by  him  as  collector  has 
been  paid.  The  collector  shall  also  file  in  the  office  of  the  secretary,  on 
said  first  llonda.v  in  each  month,  the  receipt  of  the  treasurer  for  the 
money  so  paid. 


REDEMPTION  OF  BONDS  AND  PAYMENT  OF  INTEREST. 
Redemption  of  bonds. 

Sec.  52.  Upon  presentation  of  any  matured  bond  or  any  matured 
interest  coupon  of  any  bond  of  the  district,  the  treasurer  shall  pay  the 
same  from  the  bond  fund.  If  funds  are  not  available  for  the  paymCiiL 
of  any  such  matured  bond  or  interest  coupon,  it  shall  draw  interest  at 
the  rate  of  seven  per  cent  per  annum  from  the  date  of  its  presentation 
for  payment  until  notice  is  given  that  funds  are  available  for  its  pay- 
ment, and  it  shall  be  stamped  and  provision  made  for  its  payment  as 
in  the  case  of  a  warrant  for  the  payment  of  which  funds  are  not 
available  on  its  presentation.  Whenever  the  bond  fund  contains  ten 
tliousaud  dollars  in  excess  of  the  amount  necessary  to  pay  all  bonds  and 
interest  coupons  of  the  district  that  have  matured  or  that  will  mature 
before  the  time  wdien  any  part  of  the  next  annual  assessment  to  be 
levied  in  the  district  will  become  delinquent,  the  board  of  directors  may 
advertise,  in  the  manner  hereinbefore  provided  for  the  sale  of  bonds, 
for  the  receipt  of  sealed  jn'oposals  for  the  delivery  to  the  district  for 
redemption  of  any  of  its  bonds  not  due.  Said  advertisement  shall  state 
the  amount  which  may  be  used  for  the  redemption  of  such  bonds.  Any 
such  proposals  shall  be  opened  by  the  board  in  open  meeting  at  the  time 
named  in  said  advertisement,  and  the  offer  or  offers  of  such  bonds  at  the 
lowest  rate  or  rates  shall  be  accepted ;  provided,  that  no  bonds  shall  be 
redeemed  at  more  than  the  par  value  thereof  except  by  unanimous  vote 
of  the  directors.  In  case  two  or  more  proposals  are  erpial  and  there  is 
not  sufficient  money  available  to  accept  them  all,  the  lowest  numbered 
bonds  shall  have  the  preference.  In  ca.se  not  enough  bonds  are  offered 
for  redemption  at  prices  which  the  board  of  directors  accepts,  the  board 
may  invest  any  money  available  for  redemption  of  bonds  in  bonds  of 
the  United  States  or  the  State  of  California  and  shall  hold  the  bonds 
so  purchased  as  part  of  the  bond  fund  until  such  time  as  the  board  maj^ 
determine  that  it  is  for  the  best  interests  of  the  district  that  such  bonds 
or  an.v  of  them  be  sold.     In  case  of  the  sale  of  any  such  bonds,  the 


CALIFORNIA    IRRIGATIOX    DISTRICT   LAWS.  53 

proceeds  of  tlie  sale  shall  be  deposited  in  the  bond  fund.      (Stats.  1919, 
p.  667.) 

Heuel  vs.  Hoyin,  ?,  Cal.  App.  248. 

Statute  of  limitations: 

Sechrist  vs.  RiaUo  In:  Dist..  129  Cai.  640; 

Curtis  vs.  JUalto  Irr.  Dist.  (Cal.  App.).  187  Pac.  117  ; 

Faruell  vs.   S<t»  Jacinto  and  P.  V.  In:  Di.it.   (Cal.  App.),   192  Pac.  1034. 

COJNSTRUCTION  OF  WORKS. 
Bids  for  construction  of  works. 

Sec  53.  After  adopting  a  plan  for  such  canal  or  canals,  storage 
reservoirs,  and  works,  as  in  this  act  provided  for,  the  board  of  directors 
shall  give  notice,  by  publication  thereof  not  less  than  twenty  days  in 
one  newspaper  published  in  each  of  the  counties  composing  the  district 
(provided  a  newspaper  is  published  therein),  and  in  such  other  news- 
papers as  they  may  deem  advisable,  calling  for  bids  for  the  construction 
of  such  work,  or  of  any  portion  thereof :  if  less  than  the  whole  work  is 
advertised,  then  the  portion  so  advertised  must  be  particularly  described 
in  such  notice.  Said  notice  shall  set  forth  that  plans  and  specifications 
can  be  seen  at  the  office  of  the  board,  and  that  the  board  will  receive 
sealed  proposals  therefor,  and  that  the  contract  will  be  let  to  the  lowest 
responsible  bidder,  stating  the  time  and  place  for  opening  said  pro- 
posals, which,  at  the  time  and  place  appointed,  shall  be  opened  in 
public :  and  as  convenient  thereafter  the  board  shall  lot  said  work,  either 
in  portions  or  as  a  whole,  to  the  lowest  responsible  bidder ;  or  they  may 
re.iect  any  or  all  bids  and  readvertise  for  proposals  or  may  proceed  to 
construct  the  work  under  their  own  superintendence;  provided,  that  in 
case  of  emergency  or  urgent  necessity  for  the  construction,  extension 
or  repair  of  works  for  irrigation  or  drainage,  the  board  of  directors, 
by  unanimous  vote  of  those  present  at  any  re.gular  or  special  meeting, 
may  award  contracts  therefor  without  adverti.siug  for  bids,  but  the 
cost  of  such  work  shall  not  exceed  five  hundred  dollars  and  such 
additional  amount  as  shall  be  equal  to  five  cents  for  each  acre  of  land 
in  the  district.  Contracts  for  the  purchase  of  material  shall  be  awarded 
to  the  lowest  responsible  bidder.  Any  person  or  persons  to  whom  a 
contract  may  be  awarded  shall  enter  into  a  bond,  with  good  and  suffi- 
cient sureties,  to  be  approved  by  the  board,  payable  to  said  district  for 
its  use,  for  twenty-five  per  cent  of  the  amount  of  the  contract  price, 
conditioned  for  the  faithful  performance  of  said  contract.  The  work 
shall  l)e  done  under  the  direction  and  to  the  satisfaction  of  the  engineer, 
and  be  approved  by  the  board.     (Stats.  1919.  p.  668.) 

Healetj  vs.  Anr/lo  Bank.  Ltd..  5  Cal.  App.  27S. 

See  section  9  of  Stats.   1917,  p.  24:!  ;  p.  S9  hereof. 

Tu-oluj  Bros.  Co.  vs.  Oshoco  In:  Dist.   (Ore.),  210  Pac.  S73. 

Investigations  by  state  engineer. 

Sec  53rf.  During  the  construction  of  any  irrigation  works  to  be  paid 
for  out  of  the  proceeds  of  any  bond  issue  Mhich  has  been  certified  by 
the  state  irrigation  district  bond  commission  as  provided  in  the  act 
creating  said  commission,  the  state  engineer  shall  have  access  to  all 
plans,  specifications,  and  records  of  such  construction,  and  shall  from 
time  to  time  make  such  investigations  and  such  reports  to  the  board  of 
directors  of  the  district  as  he  shall  deem  to  l)e  in  the  interest  of  the 
public  or  of  the  district.     (Stats.  1917,  p.  768.) 


54  CALIFORNIA    IKKIGATION    DISTRICT    LAWS. 

Payment  of  claims. 

Sec.  54.  No  claim  shall  lie  puid  l)y  the  treas\irer  until  Mllovvcd  by 
tlic  board,  and  only  upon  a  warrant  signed  by  the  president,  and 
countersigned  by  the  secretary;  provided,  that  the  board  may  draw, 
from  time  to  time,  from  the  construction  fund,  and  deposit  in  th(! 
county  treasury  of  the  county  where  tlie  office  of  the  bi>ard  is  situated 
any  sum  in  excess  of  the  sum  of  twenty-five  thousand  dollars.  Thi; 
county  treasurer  of  said  county  is  liereby  authorized  and  re(|uir(>d  to 
receive  and  receipt  for  tlie  same  and  i)lace  the  same  to  the  credit  of 
said  district,  and  he  shall  be  responsible  upon  liis  official  bond  for  tin- 
safekeeping  and  disbursement  of  the  same,  as  in  this  act  provided. 
He  shall  pay  out  the  same,  or  any  portion  thereof,  to  the  treasurer  of 
the  district  only,  and  only  upon  the  order  of  the  board,  signed  by  the 
president,  and  attested  by  the  secretary.  The  said  county  treasurer 
shall  report,  in  writing,  on  the  second  Monday  in  each  month,  the 
amount  of  money  in  the  county  treasury,  the  amount  of  receipts  for 
the  month  preceding,  and  the  amount  or  amounts  paid  out ;  said  rei)ort 
shall  be  verified  and  filed  with  the  secretary  of  the  board.  The  di.strict 
treasurer  shall  also  report  to  the  board,  in  writing,  on  the  first  Monday 
in  each  month,  the  amount  of  money  in  the  district  treasury,  the 
amount  of  receipts  for  the  month  preceding,  and  the  amount  and  items 
of  expenditures,  and  said  report  shall  be  verified  and  tiled  with  tlie 
secretary  of  the  board. 

Perrp  vs.   Olay  In:  Dist.,  127  Cal.  565. 

Negotiability  and  valiflity  of   warrants : 

Danhy  vs.  RtarHiiht  In:  Dist.    (Ore.),   157  Pac.   1066; 
Interstate  Trust  Co.  vs.  Steele   (Colo.),  173  Pac.  873-5. 


Carmichael  vs.  Ujtey,  37  Cal.  App.  Dec.  31S; 

Ser-vis  vs.   Victor  Valley  Irr.  Dist..  65  Cal.  Dec.  329. 

Reports  to  be  forwarded  to  state  engineer. 

Sec  54|.  During  the  construction  of  any  work  to  be  paid  for  out 
of  the  proceeds  of  the  sale  of  any  bonds  of  any  irrigation  district 
within  this  state,  the  secretary  of  the  board  of  directors  shall,  within 
one  week  after  each  regular  me(;ting  of  said  l)oard,  forward  to  the  state 
engineer  copies  of  all  reports  made  to  said  hoard  as  to  the  progress  of 
said  work  and  a  statement  of  the  amounts  paid  for  the  doing  of  an.y 
part  of  said  work.  Immediatel.v  after  tlie  publication  of  the  statement 
of  the  financial  condition  of  any  irrigation  district  within  this  state, 
recjuired  by  section  fourteen  of  this  act  to  be  made  annuall.v,  the  board 
of  directors  of  said  district  .shall  cause  a  copy  of  said  statement  and  a 
report  stating  the  general  condition  of  any  works  constructed  or 
acquired  by  said  district  and  whether  or  not  the  plan  of  irrigation 
adopted  by  the  district  is  being  successfully  carried  imt  and  any  other 
matters  which  the  boai'd  may  deem  proper,  to  be  forwarded  to  the  state 
engineer,  who  shall  examine  said  statement  and  report  and  make  to 
said  board  such  recommendations  and  comments  as  he  may  deem  proper. 
The  state  engineer  ma.\'  at  any  time  make  or  cause  to  he  made  an 
examination  of  the  aflfaii's  of  any  irrigation  district  within  this  state 
or  call  upon  the  autliorities  of  such  district  for  such  information  as 
he  mav  desire  and  make  such  report  thereon  as  he  mav  deem  advisable. 
(Stats'.  1913,  p.  1000.) 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  55 

Improvements  to  be  paid  for  from  construction  fund. 

Sec.  55.  The  cost  aud  expense  of  purchasiug;  and  acquiring:  property 
and  constructing  the  works  and  improvements  herein  j^rovided  for 
shall  be  wholly  paid  out  of  the  construction  fund;  provided,  however, 
that  when  any  lands,  waters,  water  rights  or  other  property  shall  be 
accpiired  by  the  district  by  any  lease  or  contract,  under  the  terms  of 
>\iiicli  the  consideration  or  rental  shall  be  payable  in  such  installments 
that  a  like  amount  shall  be  payable  in  each  year  of  the  life  of  such 
lease  or  contract,  then  such  rental  or  consideration  shall  be  paid  out  of 
the  funds  derived  from  the  levying  of  annual  assesments,  or  from  the 
collection  of  rates,  tolls  and  charges  fixed  and  collected  as  hereinafter 
provided  for.  For  the  purpose  of  defraying  the  expenses  of  the 
organization  of  the  district,  and  of  the  care,  operation,  management, 
repair  and  imi)rovement  of  such  portions  of  such  canal  and  works  as  are 
completed  and  in  use,  including  salaries  of  oiiRcers  and  employees,  and 
installments  of  rental  or  consideration  accruing  under  any  lease  or 
contract  as  hereinabove  in  this  section  mentioned,  the  board  may  in 
lieu  (either  in  part  or  in  whole)  of  levying  assessments  as  herein 
provided  for,  fix  rates  of  toll  and  charges,  for  irrigation  and  other 
public  uses  declared  by  this  act,  and  collect  the  same  from  all  persons 
using  said  canal  for  irrigation  and  other  purposes.  f Stats.  1911. 
p.  516.) 

Hiifjhson  vs.  Crane,  115  Cal.  404  ; 

Mitchell  vs.  Patterson,  120  Cal.  2S6  ; 

BiiscJinwnn  vs.  Tnrlock  Irr.  Dist.,  47  Cal.  .\pp.  321. 

Right  of  way. 

Sec.  56.  The  board  of  directors  shall  have  power  to  construct  the 
said  Avorts  across  any  stream  of  water,  watercourse,  street,  avenue, 
highway,  railway,  canal,  ditch,  or  flume  which  the  route  of  said  canal 
or  canals  may  intersect  or  cross,  in  such  manner  as  to  afford  security 
for  life  and  property;  but  said  board  shall  restore  the  same,  when  so 
crossed  or  intersected,  to  its  former  state  as  near  as  may  be,  or  in  a 
sufficient  manner  not  to  have  impaired  unnecessarily  its  usefulness ;  and 
every  company  whose  railroad  shall  be  intersected  or  crossed  by  said 
woi-ks  shall  unite  with  said  board  in  forming  said  intersections  and 
cro.ssiugs,  and  grant  the  privileges  aforesaid;  and  if  such  railroad  com- 
pany and  said  board,  or  the  owners  and  controllers  of  the  said  prop- 
erty, thing,  or  franchise  so  to  be  crossed,  can  not  agree  upon  the  amount 
to  be  paid  therefor,  or  the  points  or  the  matter  of  said  crossings  or 
intersections,  the  same  shall  be  ascertained  and  determined  in  all 
respects  as  is  herein  provided  in  respect  to  the  taking  of  land.  The 
right  of  way  is  hereby  given,  dedicated,  and  set  apart,  to  locate,  con- 
struct, and  maintain  said  Avorks  over  and  through  any  of  the  lands 
which  are  now  or  may  be  the  property  of  this  state ;  and  also  there  is 
given,  dedicated,  and  set  apart,  for  the  uses  and  purposes  aforesaid, 
all  waters  and  water  rights  belonging  to  this  state  within  the  district. 

McPhcrson  vs.  Alta  Irr.  Dist..  14  Cal.  App.  353  ; 
UlacCammelly  vs.  Pioneer  Irr.  Dist.    (Idaho),  105  Pac.  1076; 
City  of  Nam  pa  vs.  Nami>a,  etc.,  Dist.    (Idaho).   131   Tac.  S. 


56  CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 

GOVERNING  DIRECTORS. 
Compensation  of  officers. 

Sec.  57.  The  directors,  when  sitting  hs  a  board  or  aetiiig  under  the 
orders  of  the  board,  shall  each  receive  not  to  exceed  six  dollars  per  day 
and  fifteen  cents  per  mile  for  each  mile  actually  traveled  from  his  jjlace 
of  residence  to  the  office  of  the  board,  and  actual  and  necessary  expenses 
paid  while  engaged  in  official  business  under  the  order  of  tlie  board ; 
provided,  that  in  irrigation  districts  containing  five  hundred  thousand 
acres  or  more  the  directors,  in  lieu  of  said  per  diem,  shall  each  receive 
a  salary  of  one  hundred  and  fifty  dollars  per  mouth.  The  board  sliall 
fix  the  compensation  to  be  paid  to  all  officers  named  in  tiiis  act.  to  be 
paid  out  of  the  treasury  of  the  district;  proridrd,  tliat  said  board 
sliall,  upon  the  petition  of  at  least  fifty  freeholders  within  such  district 
therefor,  submit  to  the  electors  at  any  general  election  a  schedule  of 
salaries  and  fees  to  be  paid  hereunder,  which  may  include  the  salaiy 
or  per  diem  to  be  paid  to  the  directors.  Such  petition  must  be  pre- 
sented to  the  boarcl  not  less  than  twenty  days,  nor  more  tlian  forty 
days,  prior  to  a  general  election,  and  the  result  of  such  election  shall 
be  determined  and  declared  in  all  respects  as  other  eleclions  are 
determined  and  declared  under  this  act.     (Stats.  1921,  p.  1004.) 

Directors  not  to  be  interested  in  contracts. 

Sec.  58.  No  director  or  any  other  officer  named  in  this  act  shall  in 
any  manner  be  interested,  directly  or  indirectly,  in  any  contract 
awarded  or  to  be  awarded  by  the  board,  or  in  the  profits  to  be  derived 
therefrom;  and  for  any  violation  of  this  provision,  such  officer  shall  be 
deemed  guilty  of  a  misdemeanor,  and  such  conviction  shall  work  a 
forfeiture  of  his  office,  and  he  shall  be  punished  by  a  fine  not  exceeding 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  exceed- 
ing six  months,  or  by  both  such  fine  and  imprisonment. 

SPECIAL  ASSESSMENTS. 
Election  on  question  of  special  assessment. 

Sec.  59.  Tlie  board  of  directors  may  at  any  time  call  a  special 
election  and  submit  to  the  qualified  electors  of  the  district  the  question 
whether  a  special  assessment  shall  be  levied  for  the  purpose  of  raising 
money  to  be  applied  to  any  of  the  purposes  of  this  act  or  of  any  act 
supplementary  hereto.  Such  election  must  be  called  upon  the  notice 
prescribed,  and  the  same  shall  be  held  and  tiie  result  thereof  determined 
and  declared  in  all  respects  in  conformity  with  tlie  provisions  of  sec- 
tion thirty  d  of  this  act.  The  notice  must  specify  the  amount  of  money 
proposed  to  be  raised,  and  the  purpo.se  or  purposes  for  which  it  is 
intended  to  be  used,  and  it  may  state  that  said  assessment  shall  be 
levied  in  two  or  three  annual  installments  and  specify  the  amount  of 
the  in.stallment  to  be  levied  in  each  year.  At  the  special  election  the 
ballots  shall  contain  Ihc  words  "Assessment — Yes"  or  "Assessment — 
No,"  or  words  equivalent  thereto.  If  a  majority  of  the  votes  cast  are 
"Assessment — Yes,"  the  board  of  directors  shall,  at  the  time  of  the 
annual  levy  hereunder,  levy  a  sum  sufficient  to  raise  the  amount  voted, 
or,  if  the  notice  of  election  shall  have  provided  for  levying  said  assess- 


I 


I 


CALIFORXLV   IRRIGATION    DISTRICT   LAWS.  31 

ment  in  annual  installments,  the  board  of  directors  shall,  at  the  time 
of  the  annual  levy  in  each  of  the  years  speciiied  in  said  notice,  levy 
such  assessment  as  shall  raise  the  amount  of  the  installment  pro\'ided 
in  said  notice  to  he  raised  in  said  year:  provkJed,  however,  that  in  ease 
of  an  unexpected  emergency  by  which  the  flow  of  water  in  the  canal 
or  other  supply  is  interrupted,  the  amount  of  the  indebtedness,  incurred 
in  the  repair  of  the  works  of  said  district,  caused  by  such  interruption, 
not  to  exceed  in  any  one  year  forty  thousand  dollars,  may  also,  in 
addition  to  the  assessments  hereinbefore  pro^-ided  for.  be  levied  by  the 
adoption  of  a  resolution  by  at  least  four-fifths  of  the  members  of  the 
board  of  directors,  at  the  time  of  the  levj-ing  of  the  annual  assessment 
provided  for  in  this  act.  without  the  submission  of  the  question  of  such 
lew  to  a  vote,  as  in  this  section  hereinbefore  provided.  (Stats.  1919, 
p.  668.) 

Tregea  vs.  Owens,  94  Cal.  317  : 

Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  26  Cal.  App.  529  ; 
Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  166  Cal.  491 ; 
Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  173  Cal.  660; 
Imperial  Land  Co.  vs.  Imperial  Irr.  Dist.,  173  Cal.  66S  ; 
lIcDonough  vs.  Cooper,  179  Cal.  384. 

Rate  of  assessments,  how  ascertained. 

Sec.  60.  The  rate  of  assessments  levied  under  the  provisions  of  this 
act  shall  be  ascertained  by  deducting  fifteen  per  cent  for  anticipated 
delinquencies  from  the  aggregate  assessed  value  of  the  property  in  the 
district  as  it  appears  on  the  assessment  roll  for  the  current  year,  and 
then  dividing  the  sum  to  be  raised  by  the  remainder  of  such  aggregate 
a.ssessed  value.  Special  assessments  shall  be  computed  and  entered  by 
the  secretary-  and  collected  as  a  part  of  the  regular  assessment  levied 
hereunder,  and.  when  collected,  shall  be  paid  into  the  district  treasury 
for  the  purpose  or  purposes  specified  in  the  notices  calling  the  respective 
elections  at  which  they  were  voted.     (Stats.  1919,  p.  669.) 

MeDonough  vs.  Cooper,  179  Cal.  3S4  ; 

Stevens  vs.  Jlelville   (Utah),   175   Pac.   602; 

Ser-vis.  vs.  Victor  Vallet/  Irr.  Dist.,  65  Cal.  Dec.  329. 

INCURRING  INDEBTEDNESS. 
Power  to  incur  indebtedness  restricted. 

Sec.  61.  The  board  of  directors  or  other  officers  of  the  district  shall 
have  no  power  to  incur  any  debt  or  liability  whatever,  either  by  issuing 
bonds  or  otherwise,  in  excess  of  the  express  provisions  of  this  act ;  and 
any  debt  or  liability  incurred  in  excess  of  such  express  provisions  shall 
be  and  remain  absolutely  void,  except  that  for  the  purposes  of  organiza- 
tion, or  for  any  of  the  purposes  of  this  act.  the  board  of  directors  may, 
before  the  lewing  of  the  first  assessment,  incur  indebtedness  in  such 
sum  or  sums  as  shall  amount  to  two  thousand  dollars,  or,  if  the  district 
shall  contain  more  than  four  thousand  acres,  to  one-half  as  many 
dollare  as  there  are  acres  of  land  in  the  district,  and  may  cause  war- 
rants of  the  disti-ict  to  be  is.sued  therefor,  bearing  interest  at  not  more 
than  seven  per  centum  per  annum,  said  rate  to  be  fixed  by  the  board 
of  direetoi-s.  Each  such  warrant  shall  be  made  payable  on  a  date  not 
later  than  the  first  day  of  July  next  after  the  first  assessment  in  the 
district  shall  be  levied,  and  if  not  paid  when  presented  on  the  due  date 
or  thereafter  shall  be  registered  and  the  amount  due  thereon  shall  draw 


58  CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 

interest  as  provided  in  section  sixty-one  a  of  tliis  act.  Nothing  con- 
tained in  this  section  shall  be  construed  as  limiting  the  riirht  of  the 
board  to  enter  into  any  contract  or  lease  for  any  lands,  waters,  M'ater 
rights  or  other  property  as  elsewhere  in  this  act  authorized  and  by 
such  lease  or  contract  to  bind  the  disti'ict  for  the  payment  of  the  con- 
sideration specified  in  such  lease  or  contract,  but  if  the  smallest 
payment  to  be  made  under  such  lease  or  contract  in  any  year  e.Kceeds 
an  amount  equal  to  ten  cents  an  acre  for  all  the  land  in  the  district, 
such  lease  or  contract  shall  not  be  valid  unless  approved  by  the  com- 
mission authorized  by  law  to  approve  the  bonds  of  irrigation  districts 
as  legal  investments  for  savings  banks,  or  unless  an  assessment  suffieient 
to  meet  all  the  pa.yments  to  become  due  under  such  lease  or  contract 
shall  have  been  or  shall  be  authorized  for  that  purpose  in  accordance 
with  .section  fifty-nine  of  this  act.     (Stats.  1921,  p.  1110.) 

Mitchell  vs.  Patterson,  120  Cal.  2S6.  29.3: 

Buschmann  vs.  Turlock  Irr.  Dist.,  47  Cal.  App.  321  ; 

Scr-vis  vs.   Victor  Valley  Irr.  Dist..  65  Cal.  Dec.  329. 

N.  P.  I! If.  Co.  vs.  John  Day  Irr.  Dist.   (Ore.),  211  Pac.  TSl. 

Warrants  not  paid  to  draw  interest. 

Sec.  61ff.  Whenever  any  warrant  of  the  district  pa,vable  on  demand 
is  presented  to  the  treasurer  for  payment  when  funds  are  not  available 
for  the  pa.vment  thereof,  it  shall  thereafter  draw  interest  at  a  rate  to  be 
determined  by  resolution  of  the  board  of  directors,  not.  however,  to 
exceed  seven  per  centum  per  annum,  until  public  notice  is  given  that 
such  funds  are  available.  Upon  the  presentation  of  any  such  warrants 
for  payment,  other  than  warrants  issued  under  the  provisions  of  sec- 
tion sixty-one  hereof,  when  funds  of  the  district  are  not  available  to  pay 
the  same,  the  treasurer  of  the  district  shall  endorse  thereon  the  words 
"funds  not  available  for  payment,"  with  the  date  of  presentation  and 
shall  specify  the  interest  that  such  warrants  shall  thereafter  bear  and 
.shall  sign  his  name  thereto.  He  shall  keep  a  record  showing  the 
number  and  amount  of  each  such  warrant,  the  date  of  its  issuance,  the 
person  in  whose  favor  it  was  issued,  and  the  date  of  its  presentation 
for  payment.  Whenever  there  is  suffieient  mone,y  in  the  treasury  to 
pay  all  such  outstanding  warrants  or  whenever  the  board  of  directors 
shall  order  that  all  such  wari'ants  presented  for  payment  prior  to  a 
certain  date,  be  made  and  there  is  sufficient  money  available  for  such 
pa.vments,  the  treasurer  shall  give  notice  in  some  newspaper  published 
in  the  district,  or,  if  none  is  published  therein,  then  in  some  newspaper 
published  in  the  count.v  in  which  the  district  or  any  portion  thereof  is 
situated,  or,  if  none  is  published  in  such  county,  then  the  treasurer 
shall  post  such  notice  conspicuousl.v  in  the  place  in  which  the  board 
of  directors  of  the  district  holds  its  regular  meetings,  stating  that  he 
is  prepared  to  pay  all  warrants  of  the  district  for  the  payment  of  which 
funds  were  not  availalile  upon  their  original  presentation,  or  all  such 
warrants  which  were  presented  for  pa.vment  prior  to  the  date  fixed  by 
the  board  of  directors,  as  the  case  nia.y  be,  and  no  further  description 
of  the  warrants  entitled  to  payment  shall  be  made  in  such  notice.  Upon 
the  pi-esentation  of  an.y  warrant  entitled  to  payment  under  the  terras 
of  such  notice,  the  ti'easurer  shall  pay  it,  together  with  interest  thereon 
at  the  rate  specified  by  the  board  of  directors,  from  the  date  of  its 
original  presentation  for  payment  to  the  date  of  the  fir.st  publication 
or  posting  of  said  notice,  and  all  warrants  for  the  payment  of  which 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  59 

funds  are  declared  in  said  notice  to  be  available  shall  cease  to  draw 
interest  at  the  time  of  the  first  publication  or  posting  of  said  notice. 
'I'he  treasni'cr  shall  enter  in  the  record  hereinbefore  required  to  be  kept, 
the  dates  of  the  payment  of  all  such  warrants,  the  names  of  the  persons 
to  whom  pavnients  are  made  and  tlie  amount  paid  to  each  nerson. 
(Stats.  1915,"  p.  1369.) 

Carter  vs.  TUrihman,  110  Cal.  1114-0, 

Directors  may  purchase  irrigation  works. 

Sec.  61&.  The  board  of  directors  of  irrigation  districts  may  acquire, 
by  i)urchase  or  condemnation,  Ihe  irrigation  system,  canals  and  works 
ilirough  \\iliich  lands  in  such  districts  have  been  or  may  be  supplied 
with  water  for  irrigation,^  and  may  exchange  bonds  of  such  irrigation 
district  for  such  system  or  canals  or  works  or  for  any  portion  thereof, 
or  for  any  interest  therein  or  for  the  capital  stock  of  any  corporation 
owning  such  system  or  any  portion  thereof,  upon  such  terms  and  con- 
ditions as  the  said  board  of  directoi's  may  deem  best.  (Stats.  1917, 
p.  769.) 

Exchange  of  bonds  for  property  : 

Stimson  vs.  Alessandro  Dist.,  135  Cal.  389; 

Hufjhson  vs.  Crane.  115  Cal.  404  ; 

Stowell  vs.  liialto  Dist.,  155  Cal.  215  ; 

Ham  vs.  Grapctand  Dist.,  172  Cal.  611  ; 

Hooker  vs.  East  Riverside  Dist.,  38  Cal.  .\pp.  615  ; 

Rialto  Dist.  vs.  Stoicell,  246  Fed.  294.  297  ; 

Baltes  vs.  Farmers  Irr.  Dist.    (Nebr, ).  83  N.  W.  S3; 

Wvman  vs.  Searles   (Nebr.),   12S  N,  W.   801  ; 

O'Neil  vs.   Yellowstone  Dist.    (Mont.),   121   Pac.   283. 

Validity  of  contract  for  exchange : 

Kinkade  vs.  Witherop   (Wash.),  69  Pac.  399: 

Board  of  Directors  vs.  Peterson,  (Ore.),  128  Pac.  837. 

Determination  of  validity  of  bonds. 

Sec.  61('.  Where  the  board  of  directors  of  an  irrigation  district 
have  exchanged  bonds  or  have  agreed  to  exchange  bonds  for  property 
rights  in  any  irrigation  system  or  works  or  for  any  interest  therein 
under  the  provisions  of  section  sixty-one  b  of  this  act,  the  court  shall, 
in  any  proceeding  brought  under  the  provisions  of  the  last  section,  by 
its  decree  determine  the  validity  of  all  bonds  issued  or  to  be  issued 
under  any  contract  or  contracts  for  the  exchange  of  bonds  for  property 
interests  and  by  its  decree  shall  determine  whether  the  bonds  provided 
for  in  said  contracts,  when  delivered  to  the  person  or  cori^oration 
entitled  thereto  under  the  terms  of  any  such  contract,  shall  constitute 
valid  obligations  of  said  irrigation  district  as  against  all  per.sons. 
(Stats.  1915,  p.  1291.) 

GOVERNING  THE  USE  OF  WATER. 
When  the  volume  of  water  is  insufficient. 

Sec.  62.  In  case  the  volume  of  water  in  any  stream  or  river  shall 
not  be  suffiinent  to  supply  the  continual  wants  of  the  entire  country 
tlirough  which  it  pa.sses,  and  sii.sceptible  of  irri.gation  therefrom,  then  it 
sliall  be  the  dutv  of  the  water  iiommissiouers,  constituted  as  hereinafter 


iThe  procedure  before  Ihe  Railroad  Commission  for  the  valuation  of  the  property 
of  a  public  utilitv  in  condemnation  proceedings  instituted  by  a  district  is  prescribed 
in  sections  47  and  70  of  the  Public  Utilities  Act   (as  amended  by  Stats.  1917,  p.  261). 


60  CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 

provided,  to  apiiortioii.  in  a  just  and  I'quitable  proportion,  a  certain 
amonnt  of  said  water  upon  certain  or  alternate  weekly  days  to  different 
localities,  as  they  may,  in  their  jiulgnicnt,  think  best  for  the  interest  of 
all  parties  concerned,  and  with  dne  regard  to  the  legal  and  equitable 
rights  of  all.  Said  water  commis-sioners  shall  consist  of  the  chairman 
of  the  board  of  directors  of  each  of  the  districts  affected. 

Full  capacity  of  ditches. 

Skc.  63.  It  shall  be  the  dntv  of  the  board  of  directors  to  keep  the 
water  flowing  through  the  di*clies  under  their  control  to  the  full 
capacity  of  such  ditches  in  times  of  hiuh  water. 

Sec. '64.     Repealed  Stats.  1017,  p.  "J15. 

^  Right  of  eminent  domain. 

Sec.  65.  Nothing  herein  contained  shall  be  deemed  to  authorize  any 
person  or  persons  to  divert  the  waters  of  any  river,  creek,  .stream, 
canal,  or  ditch  from  its  channel,  to  the  detriment  of  any  person  or 
persons  having  any  interest  in  such  river,  creek,  stream,  canal,  or  ditch, 
or  the  waters  therein,  unless  previous  compensation  be  ascertained  and 
paid  therefor,  under  the  laws  of  this  state  authorizing  the  taking  of 
private  property  for  public  uses. 

See  Const.  Art.  I,  Sec.  14.  page  9  hereof. 

Toriney  vs.  Anierson-CottonwooA  In:  Dist.,  35  Cal.  App.  Dec.  676. 

EXEMPTION  FROM  TAXATION— CREATION  OF  FUNDS. 
Exemption  of  property  from  taxation. 

Sec.  66.  The  rights  of  way,  ditches,  flumes,  pipe-lines,  dams,  water 
rights,  resei-voirs,  and  other  property  of  like  character,  belonging  to 
any  irrigation  district  shall  not  be  taxed  for  state  and  county  or 
municipal  purposes. 

Constitution  of  California.  Sec.  1.  Art.   XIII; 

Reclamation   Dist.  \s.  County  of  ftruraniento,  134  Cal.   477; 

Tai-lock  In:  Dist.  vs.  White  (Cal.),  IDS  Pac.  1060. 

Funds  created. 

Sec.  67.  The  following  funds  are  hereby  created  and  established,  to 
which  the  moneys  properly  belonging  shall  be  apportioned,  to  wit :  bond 
fund,  construction  fund,  general  fund. 

Hur/hson  vs.  Crane.  115  Cal.  404,  414  ; 

Buscliinann  vs.   Turlock  In:  Dist.,  47   Cal.  App.    321. 

Unexpended  money. 

Sec.  67a.  Whenever  an  object  for  which  money  has  been  specifically 
provided  by  assessment  or  by  bond  issue  has  been  accomplished  and 
any  money  providi'd  therefor  remains  unexpended,  the  same  shall  in 
the  discretion  of  the  board  of  directors  be  transferred  to  the  general 
fund  and  thereafter  be  availalile  for  aiiv  of  the  purposes  of  this  act. 
C Stats.  1917,  p.  760.) 

GENERAL  PROVISIONS. 
Action  to  determine  validity  of  bonds. 

Sec.  68.  The  board  of  directors  may,  at  any  time  after  Ihe  issue 
of  any  bonds  or  the  levy  of  any  assessment  herein  provided  for,  bring 
an  action  in  the  superior  court  of  the  county  wherein  is  located  the 


CAUroKXIA    lU'K'KIATION'    l>ISTRI(T    I>AWS.  ()1 

iiffie-e  of  siicli  board,  to  (Ictennino  tlie  vjilidity  of  any  siu-li  bomls  or 
such  levy  of  assessments ;  such  action  sliall  he  in  the  nature  of  a  pro- 
ceeding in  rem,  and  jurisdiction  of  all  parties  interested  may  be  had 
liy  publication  of  summons  for  at  least  once  a  week  for  three  weeks  in 
some  paper  of  general  circnlation  piiblished  in  the  county  where  the 
action  is  pending,  such  paper  to  be  designated  by  the  court  having 
.iurisdiction  of  the  proceedings.  Jurisdiction  shall  be  complete  within 
ten  days  after  the  full  publication  of  such  summons  in  the  manner 
lierein  provided.  Anj'one  interested  may  at  any  time  before  the  expira- 
tion of  said  ten  days  appear  and  by  proper  proceedings  contest  the 
validity  of  such  bonds  or  assessments.  Such  action  shall  be  speedily 
tried  and  .judgment  rendered  declaring  .such  matter  so  conte.sted  either 
valid  or  invalid.  Either  party  may  have  the  right  to  appeal  to  the 
supreme  court  at  any  time  within  thirty  da.vs  after  the  rendition  of 
sncli  judgment,  which  appeal  nuist  be  heard  and  determined  within 
three  months  from  the  time  of  taking  such  appeal. 

Crall  vs.  Poso  Irr.  Dist.,  S7  Cal.  140  ; 

Hoard  of  Directors  vs.   Tregea,  SS  Cal.  334  ; 

In  re  Madera  Irr.  Dist.,  92  Cal.  296; 

liialto  Irr.  D^sl.  vs.  Brandon,  103  Cal.   3S4  : 

Ctillen  vs.  Glendora  Water  Co.,  113  Cal.  SO.t  ; 

In  re  Central  Irr.  Dist.,  117   Cal.  3S2  ; 

People  vs.  Linda  Vista  Irr.  Dist.,  128  Cal.  477  ; 

People  vs.  Pettis  Irr.  Dist..  132  Cal.  2S9  ; 

People  vs.  Perris  Irr.  Dist.,  142  Cal.  GOl  ; 

Western   Union  Tel.  Co.  vs.  Modesto  Distriet.  149  Cal.  662-6; 

Fogg  vs.  Perris  Dist.,  154  Cal.   209; 

Haese  vs.  Heitzig,  159  Cal.  569  ; 

In  re  Bonds  of  S.  San  Joaquin  Irr.  Dist.,  161  Cal.  345  : 

Imperial  Water  Co.  vs.  Supcrv  sors,  162   Cal.   14: 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Ca!.  660; 

Imperial  Land  Co.  vs.  Imperial  Dist..  173  Cal.  66S  ; 

Black  Canyon  Irr.  Dist.  vs.  Fallon   (Idaho).  122  Pac.   850; 

Petition  of  Board  of  Directors  Unit  District   (Ore.),  173  Pac.  1S6-8. 

Gray  vs.  Cardiff  Irr.  Dist..  51  Cal.  App.  304  : 

Miller  rf  Lux  vs.  Madera  Irr.  Dist.,  64  Cal.  Dec.  94. 

Assessment  payer  may  bring  action. 

Sec.  69.  If  no  such  proceedings  shall  have  been  brought  by  the 
board  of  directors,  then,  at  any  time  within  thirty  days  after  the  levy 
of  any  assessment  or  issue  of  any  bonds  under  the  provisions  of  this  act, 
any  district  assessment  payer  may  bring  an  action  in  the  superior 
court  of  tlie  county  v.-here  the  office  of  the  board  of  directors  is  loc<ated, 
to  determine  the  validity  of  any  such  assessment  or  such  Iionds.  The 
board  of  directors  shall  be  made  parti^^s  defendant,  and  service  of  sum- 
mons shall  be  made  on  the  members  of  the  board  personally.  Said 
board  shall  have  the  right  to  appear  and  contest  such  action.  Such 
action  shall  be  speedily  tried,  with  the  right  of  appeal  to  either  party, 
within  the  time  and  manner  herein  provided  for  the  bringing  of  actions 
by  the  board  to  determine  such  matters.  Such  appeal  shall  be  heard 
and  determined  in  the  manner  and  ■i'fithiu  the  time  therein  provided. 

Sechrist   vs.    Rialto   Irr.   Dist.,   V.  j    Cal.    640; 

Henry  vs.   Vineland  Irr.  Dist..  140  Cal.   376; 

Western   Union  Tel.  Co.  vs.  Modesto  Dist.,  149  Cal.  662-6; 

Imperial  Land  Co.  vs.  Imperial  Dist..  173  Cal.  660  ; 

Imperial  Land  Co.  vs.  Imperial  Dist..  173  Cal.  668  ; 

Gray  vs.  Cardiff  Irr.  Dist.,  51  Cal.  App.  304  : 

Miller  d  Lux  vs.  Board  of  Supervisors,  64  Cal.  Dec.   57  ; 

Miller  d  Lux  vs.  Madera  Irr.  Dist.,  64  Cal.  Dec.  94. 


(i2  C'AIilK(JI{NIA    IHRIC.ATIOX    DlSTIilCT    I,A\VS. 

Consolidation  of  actions. 

Sec.  to.  If  more  tluni  one  art  ion  shall  hi;  pentliiig  at  the  same  time 
concerning  simihir  contests  in  thi.s  act  provided  for,  they  shall  be  con- 
solidated and  tried  together. 

Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  660. 

Courts  must  disregard  errors,  etc.;  rules  of  pleading. 

Sec.  71.  Tlie  court  hearing  any  of  the  contests  herein  provided  foi', 
in  inquiring  into  the  regularity,  legality,  or  correctness  of  such  pi-o- 
ceedings,  mu.st  disregard  any  error,  irregulai'ity,  or  omission  which  does 
not  affect  the  substantial  rights  of  the  parties  to  said  action  or  proceed- 
ing. The  rules  of  pleading  and  practice  provided  by  the  Code  of  Civil 
Procedure,  which  are  not  inconsistent  with  the  provisions  of  this  act, 
are  applicable  to  all  actions  or  proceedings  herein  provided  for.  The 
motion  for  a  new  trial  of  any  such  action  or  proceeding  must  be  heard 
and  determined  within  ten  days  from  the  filing  of  the  notice  of  inten- 
tion. The  costs  on  any  hearing,  or  contest  herein  provided  for,  may  be 
allowed  and  apportioned  between  the  parties,  or,  taxed  to  the  losing- 
party,  in  the  discretion  of  the  court. 

Palmtlale  Irr.   Dist.  vs.  liathke.  95  Cal.   5.3S  ; 
Board  of  Directors  vs.  Abila,  106  Cal.  36.S  : 
Imperial  Land  Co.  vs.  Imperial  Dist.,  173  Cal.  660. 

Contests. 

Sec.  72.  No  contest  of  anything  or  matter  herein  provided  shall  be 
made  other  than  within  the  time  and  manner  herein  specified,  and  in 
any  such  action  all  findings  of  facts  or  conclusions  of  said  board  of 
directors,  or  of  the  board  of  supervisors  upon  all  matters  shall  1m-  con- 
clusive, unless  such  action  was  instituted  within  six  months  after  such 
finding  or  conclusion  was  made.     (Stats.  1915,  p.  1370.) 

Imperial  Land  Co.  vs.  Imperial  Dist..  173  Cal.  660  ; 

Miller  &  Lux  vs.  Board  of  Supervisors,  36  Cal.  App.  Dec.  770  ; 

Miller  d  Lux  vs.    Board  of  Supervisors,  64  Cal.   Dec.   57  ; 

Miller  <C-  Lux  vs.  Madera  Irr.  Dist.,  64  Cal.  Dec.  94  ; 

A'.  P.  Ky.  Co.  vs.  Johui  Day  Irr.  Dist.   (Ore.),  211  Pac.  781. 

Penalty  for  violation  of  duty. 

Sec.  73.  For  any  wilful  violation  of  any  express  diitj-  herein  pro- 
vided for,  on  the  part  of  any  officer  herein  named,  he  shall  be  liable 
upon  his  official  bond,  and  be  subject  to  removal  from  office,  by  pro- 
ceedings brought  in  the  superior  court  of  the  county  wherein  the  office 
of  the  board  of  directors  of  the  district  is  located,  by  any  a.ssessment 
payer  of  the  district;  but  no  officer  of  an  irrigation  district  shall  be 
])ersonally  liable  for  any  damage  resulting  from  the  operations  of  the 
district  or  from  the  negligence  or  misconduct  of  any  of  its  officers  or 
employees  unless  such  damage  was  proximately  caused  by  the  officer's 
own  negligence  or  misconduct  or  by  his  wilful  violation  of  official  duty. 
(Stats.  1921,  p.  849.) 

Kerr  vs.  Superior  Coiirt,  130  Cal.  183. 

Applicability  o£  Sec.  165  of  the  Penal  Code: 
People  vs.   Turnbull,  93  Cal.   630. 

As  to  recall,   see  section   2SJ.  p.    31   hereof. 


Whiteman  vs.  Anderson-Cottonxcood  Irr.  Dist.,  40  Cal.  App.  Dec.  D. 


CAI.IFOKXIA    IRRUiATIOX    DISTRICT    LAWS.  63 

EXCLUSION  OF  LANDS. 
Boundaries  may  be  changed  to  exclude  lands. 

Sec.  74.  The  boundaries  of  auy  irrigation  district  now  organized  or 
liereafter  organized  under  the  provision  of  this  act,  may  be  changed, 
and  tracts  of  land  which  were  included  within  the  boundaries  of  such 
ilistrict  at  or  after  its  organization  under  the  provisions  of  said  act, 
may  be  e-\cluded  therefrom,  in  the  manner  herein  prescribed:  but 
neither  .such  change  of  the  boundaries  of  the  districts  nor  such  exclusion 
•f  lands  from  the  district  shall  impair  or  affect  its  organization,  or  its 
right  in  or  to  property,  or  any  of  its  rights  or  privileges  of  whatever 
kind  or  nature:  nor  shall  it  affect,  impair,  or  discharge  any  contract, 
obligation,  lien,  or  charge  for  or  upon  which  said  district  was  and  may 
become  liable  or  chargeable,  had  such  change  of  its  boimdaries  not  been 
made,  or  had  not  such  land  been  excluded  from  the  district. 

Board  of  Direetoya  vs.  Tregea,  SS  Cal.  334-356  ; 
Herring  vs.  Modesto  Dist.,  95  Fed.  705. 

Petition  of  owners  for  exclusion  of  land. 

Sec.  T.J.  The  owner  or  owners  in  fee  of  one  or  more  tracts  of  land 
which  constitute  a  portion  of  an  irrigation  district  may  jointly  or  sev- 
erally file  with  the  board  of  directors  of  the  district  a  petition,  praying 
that  such  tract  or  tracts,  and  any  other  tracts  contiguous  thereto,  may 
be  excluded  and  taken  from  said  district.  The  petition  shall  state  the 
grounds  and  reasons  upon  which  it  is  claimed  that  such  lands  should  be 
excluded  and  shall  describe  the  boundaries  thereof,  and  also  the  lands 
of  such  petitioner  or  petitioners  which  are  included  within  such  bound- 
aries ;  but  the  description  of  such  lands  need  not  be  more  particular  or 
certain  than  is  required  when  the  lands  are  entered  in  the  assessment 
book  by  the  county  as.sessor.  Such  petition  must  be  acknowledged  in 
the  same  manner  and  form  as  is  recpired  in  the  case  of  a  ccmveyanee 
of  land,  and  the  acknowledgment  shall  have  the  same  force  and  effect 
as  evidence  as  the  acknowledgment  of  such  a  conveyance. 

ITnycJson  vs.  South  San  Joaquin  Irr.  Dist..  20  Cal.  App.  324. 

Publication  of  filing  of  petition;  contests  of  notice. 

Sec.  76.  The  secretary  of  the  board  of  directors  shall  cause  a  notice 
of  the  filing  of  such  petition  to  be  published  for  at  lea.st  two  weeks  in 
some  newspaper  published  in  the  county  where  the  ofiBce  of  the  board 
of  directors  is  situated,  and  if  any  portion  of  such  territory  to  be 
excluded  lie  within  another  county  or  counties,  then  said  notice  shall 
be  so  published  in  a  newspaper  pulilished  within  each  of  said  coimties : 
or  if  no  newspaper  be  published  therein,  then  by  posting  such  notice 
for  the  same  time  in  at  least  three  public  places  in  .said  district,  and 
in  ca.se  of  the  posting  of  said  notices,  one  of  said  notices  must  be  so 
posted  on  the  lands  proposed  to  be  excluded.  The  notice  shall  state  the 
filing  of  such  petition,  the  names  of  the  petitioners,  a  description  of 
the  lands  mentioned  in  said  petition,  and  the  prayer  of  said  petition : 
and  it  shall  notifj-  all  persons  interested  in.  or  who  may  be  aft"ected  by 
such  change  of  the  boundaries  of  the  district,  to  appear  at  the  office  of 
said  board  at  a  time  named  in  said  notice,  and  show  cause,  in  writing, 
if  any  they  have,  why  the  change  of  the  boimdaries  of  said  district,  as 


64  CALIFOUNIA    IUHKJA'I'ION    I)IS']'i;K'T    I>AW'S. 

]iroj)Osed  iu  said  pi-titioii,  sliould  not  he  nuulo.  The  liini'  to  ho  specified 
in  the  notiec  at.  wliieli  tliey  shall  h(>  required  to  sliovv  eanse  sliall  lie  the 
regular  meetiiic;  nl'  tlio  hoard  next  aft<'r  the  eN|)iration  of  the  time  for 
the  publication  of  the  notice. 

Harelson  vs.  Siotith  San  Joaquin  Irr.  Uist.,  20  Cal.  App.  324. 

Hearing  of  petition;  failure  to  show  cause  deemed  assent. 

Sec.  77.  The  board  of  directors,  at  the  time  and  place  mentioned  in 
tlie  notice,  or  at  the  time  or  times  to  which  the  hearing  of  said  petition 
may  be  adjourned,  shall  proceed  to  hear  the  petition,  and  all  evidence 
or  proofs  that  may  or  shall  be  introduced  by  or  on  behalf  of  the  peti- 
tioner or  petitioners,  and  all  objections  to  such  petition  that  may  or 
shall  be  presented  in  writing  by  any  person  showing  cause  as  aforesaid, 
and  all  evidence  and  proofs  that  may  be  introduced  in  support  of  such 
objections.  Such  evidence  shall  be  taken  down  in  shorthand,  and  a 
record  made  thereof  and  filed  with  the  board.  The  failure  of  any 
person  interested  in  said  district,  other  than  the  holders  of  bonds 
thereof  outstanding  at  the  time  of  the  filing  of  said  petition  with  said 
board,  to  .show  cause,  in  writing,  why  the  tract  or  tracts  of  land  men- 
tioned in  said  petition  should  not  be  excluded  from  said  district,  shall 
be  deemed  and  taken  as  an  assent  by  him  to  the  exclusion  of  such  tract 
or  tracts  of  laud,  or  any  part  thereof,  from  said  district ;  and  the  filing 
of  such  petition  with  said  board,  as  aforesaid,  shall  be  deemed  and 
taken  as  an  assent  by  each  and  all  such  petitioners  to  the  exclusion  from 
such  district  of  the  lands  mentioned  in  the  petition,  or  any  part  thereof. 
The  expenses  of  giving  said  notice  and  of  the  aforesaid  proceeding 
shall  be  paid  by  the  person  or  persons  tiling  such  petition. 

Harelson  vs.  South  San  Joaquin  Irr.  Dist.,  20  Cal.  App.  324. 

Power  of  board  to  exclude  land  from  district. 

Sec.  78.  If,  upon  the  hearing  of  any  such  lictition,  no  evidence  or 
proofs  in  support  thereof  be  introduced,  or  if  the  evidence  fail  to 
sustain  said  petition,  or  if  the  board  deem  it  not  for  the  best  interest 
of  the  district  th.<>t  the  lands,  or  some  portion  thereof,  mentioned  in 
the  petition,  should  be  exc.hided  from  the  district,  the  board  shall  order 
that  said  petition  be  denied  as  to  such  lands;  but  if  the  said  boaril 
deem  it  for  the  best  interest  of  the  district  that  the  lands  mentioned  in 
the  petition,  or  .some  portion  thereof,  be  excluded  from  the  district,  aud 
if  no  person  interested  in  the  di.stricf  show  cause  in  writing  why  the 
said  lands  or  some  portion  thereof,  should  not  be  exclurled  from  tic: 
district,  or  if,  having  shown  cause,  withdraws  the  same,  or  upon  the 
hearing  fails  to  establish  such  objections  as  he  may  have  made,  then  it 
.shall  be  the  duty  of  the  board  to,  and  it  shall  forthwith,  make  an  order 
that  the  lands  mentioned  and  described  in  the  petition,  or  .some  defined 
portion  thereof,  be  excluded  from  said  district;  provided,  that  it  shall 
be  the  duty  of  said  board  to  so  order,  upon  petitiun  therefor  as  afore- 
said, that  all  lands  s-o  petitioned  to  be  excluded  from  said  district  shall 
be  excluded  therefrom,  which  can  not  be  irrigated  from,  or  which  are 
not  .susceptible  to,  irrigation  from  a  common  source  or  by  the  same 
system  of  works  with  the  other  lands  of  said  district,  or  from  the 
source  selected,  chosen,   or  provided,   or  the  system  adopted  for  the 


CALIFORNLV    IRRIGATION   DISTRICT   LAWS.  65 

ii-rigatiou  of  the  lauds  in  said  distrlL-t,  or  which  are  already  irrigated, 
or  entitled  to  be  iiTigated,  from  another  source  or  bj'  another  system 
of  irrigation  works;  provided,  that  no  land  irrigated  by  means  of  water, 
pumped  from  an  underground  source  or  sources  shall  be  entitled  to 
exclusion  from  any  irrigation  district  on  account  of  being  so  irrigated, 
if  it  shall  be  shown  that  such  land  is  or  will  be  substantially  benefited 
by  subirrigation  from  the  works  of  said  district  or  by  drainage  works 
provided  or  reciuired  by  law  to  be  provided  by  said  district,  but  no 
owner  of  land  in  any  irrigation  district  shall  be  recjuired  to  pay  any 
assessment,  except  for  the  payment  of  interest  and  principal  due  on 
bonds  of  the  district,  on  any  land  in  such  district  wliich,  when  the 
district  was  organized,  was  irrigated  by  means  of  water  pumped  from 
an  underground  source  or  sources  and  has  continued  each  year  to  be 
irrigated  exclusively  by  such  means.     (Stats.  1915,  p.  836.) 

Harelson  vs.  South  San  Joanuin  Irr.  Dist..  20  Cal.  App.  324  ; 
Board  of  Directors  vs.  Tregea,  88  Cal.  334. 

Assent  of  bondholders;  release  from  lien. 

Sec.  79.  If  there  be  outstanding  bonds  of  the  district  at  the  time  of 
the  filing  of  said  petition,  the  holders  of  such  outstanding  bonds  may 
srive  their  assent,  in  writing,  to  the  effect  that  they  severally  consent 
that  the  lands  mentioned  in  the  petition,  or  such  portion  thereof  as 
may  be  excluded  from  said  district  by  order  of  said  board,  or  the 
decree  of  the  superior  court  as  hereinafter  provided,  may  be  excluded 
from  the  district ;  and  if  said  lands,  or  any  portion  thereof,  be  there- 
after excluded  from  the  district,  the  lauds  so  excluded  shall  be  released 
from  the  lien  of  such  outstanding  bonds.  The  assent  must  be  acknowl- 
edged by  the  several  holders  of  such  bonds  in  the  same  manner  and 
form  as  is  required  in  case  of  a  conveyance  of  land,  and  the  acknowl- 
edgment shall  have  the  same  force  and  effect  as  evidence  as  the 
acknowledgment  of  such  conveyance.  The  assent  shall  be  filed  with 
the  board,  and  must  be  recorded  in  the  minutes  of  the  board;  and  said 
minutes,  or  a  copy  thereof,  certified  by  the  secretary  of  said  board,  shall 
be  admissible  in  evidence,  with  the  same  eft'ect  as  the  said  assent,  and 
.such  certified  copy  thereof  may  be  recorded  in  the  office  of  the  county 
recorder  of  the  county  wherein  said  lands  are  situated. 

Change  of  boundaries  to  be  recorded;  organization  not  affected. 

Sec.  80.  In  the  event  the  said  board  of  directors  shall  exclude  any 
lands  from  said  district  upon  petition  therefor,  it  shall  be  the  duty  of 
the  board  of  directors  to  make  an  entry  in  the  minutes  of  the  board, 
describing  the  boundaries  of  the  district,  should  the  exclusion  of  said 
lands  from  said  district  change  the  boundaries  of  said  district,  and  for 
that  purpose  the  board  may  cause  a  survey  to  be  made  of  sudi  portions 
iif  the  district  as  the  board  may  deem  necessary;  and  a  certified  copy  of 
the  entry  in  the  minutes  of  the  board  excluding  any  land,  certified  by 
the  president  and  secretary  of  the  board,  shall  be  filed  for  record  in  the 
recorder's  office  of  each  county  within  which  are  situated  any  of  the 
lands  of  the  district ;  but  said  district,  notwithstanding  such  exclusion, 
shall  be  and  remain  an  irrigation  district  as  fully,  to  every  intent  and 
purpose,  as  it  would  be  had  no  change  been  made  in  the  boundaries  of 

5— 2796S 


G6  CALIFORNIA    IRRIGATIOX    DISTRICT    LAWS. 

tlie  district,  or  had  tiin  IhikIs  cxchvlcd  tliercFrom  never  const iliitcal  a 
portion  of  the  district. 

Office  of  director  of  excluded  division  declared  vacant. 

Sec.  81.  If  tlie  land.s  excluded  from  any  district  under  this  act  shall 
embrace  the  greater  portion  of  any  division  or  divisions  of  such  dis- 
trict, then  the  office  of  director  for  such  division  or  divisions  shall 
become  and  be  vacant  at  the  expiration  of  ten  days  from  the  final 
order  of  the  board  excludint;  said  lands;  and  such  vacancy  or  vacancies 
shall  be  filled  by  appointment  by  the  board  of  supervisors  of  the  county 
where  the  office  of  such  board  is  situated,  from  the  district  at  large. 
A  director  appointed  as  above  i)rovided,  shall  hold  his  office  until  the 
next  regular  election  for  said  district,  and  until  his  successor  is  elected 
and  qualified. 

Division  of  district. 

Sec.  82.  In  case  land  is  excluded  from  any  district,  the  boai-d  oC 
directors  thereof,  if  they  deem  it  desirable,  but  not  less  than  thirty 
days  before  any  election  in  such  district,  may  reestablish  the  boundaiies 
of  the  divisions  nnd  election  ]irecincts  within  such  district.  (Stiits. 
1921,  p.  860.) 

Rights  of  guardian,  administrator  or  executor. 

Sec.  83.  A  guardian  and  executor,  or  an  administrator  of  an  estate, 
wlio  is  appointed  as  such  tinder  the  laws  of  this  state,  and  who,  as 
such  guardian,  executor,  or  administrator,  is  entitled  to  the  jjossession 
of  the  lauds  belonging  to  the  estate  which  he  represents,  may,  on  belialf 
of  his  ward,  or  the  estate  which  he  represents,  upon  being  thereto 
properly  authorized  by  the  proper  court,  sign  and  acknowledge  the 
petition  in  this  act  mentioned,  and  may  show  cause,  as  in  this  act 
provided,  why  the  boundaries  of  the  district  should  not  be  changed. 

Lands  excluded  not  released  from  liabilities  for  indebtedness. 

Sec.  84.  Nothing  in  this  act  provided  shall,  in  any  manner,  operate 
to  release  any  of  the  lands  so  excluded  from  the  district  from  any 
obligation  to  pay,  or  any  lien  thereon,  of  any  valid  outstanding  bonds 
or  other  indebtedness  of  said  district  at  the  time  of  the  filing  of  said 
petition  for  the  exclusion  of  said  lands,  but  upon  the  contrary,  said 
lands  shall  be  held  subject  to  said  lien,  and  answerable  and  chargeable 
for  and  with  the  payment  and  discharge  of  all  of  said  outstantiing 
obligations  at  the  time  of  the  filing  of  the  petition  for  the  exclusion 
of  said  land,  as  fully  as  thougli  said  petition  for  such  exclusion  were 
never  filed  and  said  order  or  decree  of  exclusion  never  made ;  and  for 
the  purpose  of  discharging  such  outstanding  indebtedness,  said  lands 
so  excluded  shall  be  deemed  and  considered  as  pax't  of  said  irrigation 
district  the  same  as  thougli  said  petition  for  its  exclusion  had  never 
been  filed  or  said  order  or  decree  of  exclusion  never  made;  and  all 
provisions  which  may  have  been  resorted  to  to  compel  the  payment  by 
.said  lands  of  its  cjuota  or  portion  of  said  outstanding  obligations,  had 
said  exclusion  never  been  accomplished,  may,  notwithstanding  said 
exclusion,  be  resorted  to  to  compel  and  enforce  the  payment  o)i  tlio 


CALrFORXIA    IRRIGATION    DISTRICT    LAWS.  67 

iart  of  said  lands  of  its  quota  and  portion  of  said  outstanding  obliga- 
tions of  said  irrigation  district  for  which  it  is  liable,  as  herein  provided. 
But  said  land  so  excluded  shall  not  be  held  answerable  or  chargeable 
for  any  obligation  of  any  nature  or  kind  whatever,  incui'red  after  the 
filing  with  the  boai'd  of  directors  of  said  district  of  the  petition  for 
the  e.xclusion  of  said  lands  from  the  said  district;  providtd,  that  the 
provisions  of  this  section  shall  not  apply  to  any  outstanding  bonds,  the 
holders  of  which  have  assented  to  the  exclusion  of  such  lands  from  said 
district,  as  hereinbefore  provided. 

INCLUSION  OF  LANDS. 
Boundaries  may  be  changed  to  include  lands. 

Sec.  85.  The  boundaries  of  any  irrigation  district  now  organized  or 
hereafter  organized  under  the  provisions  of  this  act  may  be  changed  in 
the  manner  herein  pre.scribed ;  but  such  change  of  the  boundaries  01' 
the  district  shall  not  impair  or  affect  its  organization,  or  its  rights  in 
or  to  property,  or  any  of  its  rights  or  privileges  of  whatsoever  kind  or 
nature ;  nor  shall  it  affect,  impair,  or  discharge  any  contract,  obligation, 
lien,  or  charge  for  or  upon  which  it  was  or  might  become  liable  or 
chargeable,  had  such  change  of  its  boundaries  not  been  made. 

Gray  vs.   CariUff  In:  /l/.sf..  51   Cal.  App.  304. 

Procedure  for  inclusion  of  lands. 

Sec.  86.  The  holder  or  holders,  of  title,  or  evidence  of  title,  repre- 
senting one-half  or  more  of  any  body  of  lands  adjacent  to  the  boundaiy 
of  an  irrigation  district,  which  are  contiguous,  and  which,  taken 
together,  constitute  one  tract  of  land,  may  tile  with  the  board  of 
directors  of  said  district  a  petition,  in  writing,  praying  that  the  lx)und- 
aries  of  said  district  may  be  so  changed  as  to  include  therein  said  lands. 
The  petition  shall  describe  the  boundaries  of  said  parcel  or  tract  of 
land,  and  shall  also  describe  the  boundaries  of  the  several  parcels  owned 
by  the  petitioners,  if  the  petitioners  be  the  owners,  respectively,  of 
distinct  parcels,  but  such  descriptions  need  not  be  more  particular  than 
they  are  required  to  be  when  such  lands  are  entered  by  the  county 
assessor  in  the  assessment  book.  Such  petition  must  contain  the  a.ssent 
of  the  petitioners  to  the  inclusion  within  said  district  of  the  parcels  or 
tracts  of  land  described  in  the  petition,  and  of  which  said  petition 
alleges  they  are,  respectively,  the  owners ;  and  it  must  be  acknowledged 
in  the  same  manner  that  conveyances  of  land  are  required  to  be 
aelaiowledged. 

People  vs.   Cardiff  Irr.  Dist.,  51   Cal.   App.   DOT  ; 
Cray  vs.  Cardiff  Irr.  Dist.,  51  Cal.  App.  304. 

Notice  of  filing  of  petition. 

Sec.  87.  The  secretary  of  the  board  of  directoi>;  shall  cause  a  notice 
of  the  tiling  of  such  petition  to  be  given  and  published  in  the  same  man- 
ner and  for  the  same  time  that  notices  of  special  elections  for  the  issue 
of  bonds  are  required  by  this  act  to  be  published.  The  notice  shall 
.state  the  filing  of  such  petition  and  the  names  of  the  petitioners,  a 
description  of  the  lands  mentioned  in  said  petition,  and  the  prayer  of 
said  petition;  and  it  shall  notify  all  persons  interested  in,  or  that  may 


68  CALIFORNIA    IKIilGATION    DISTRICT   LAWS. 

be  affected  by  such  change  (if  tlie  boundaries  of  the  district,  to  appear 
at  the  offiee  of  said  l)oard,  at  a  time  uauicd  in  said  notice,  and  show 
cause  in  writintr,  if  any  tliey  Jiave,  wliy  the  ciiange  in  the  boundaries 
of  said  district,  as  proposed  in  said  petition,  sliould  not  be  made. 
The  time  to  lie  s])eeified  i)i  the  notice  at  which  tiiey  shall  be  required 
to  show  cause  shall  be  the  regular  meeting  of  the  board  next  after  the 
expiration  of  the  time  for  the  publication  of  the  notice.  The  petitioners 
shall  advance  to  the  secretary  suiificient  money  to  pay  the  estimated 
costs  of  all  pi-oceedings  under  this  act. 

Hearing  of  petition. 

Sec.  88.  The  board  of  directors,  at  the  time  and  place  mentioned 
in  the  said  notice,  or  at  such  other  time  or  times  to  which  the  hearing  of 
said  petition  may  be  ad.journed,  shall  proceed  to  hear  the  petition, 
and  all  the  objections  thereto,  ])resented  in  writing  by  any  person 
showing  cause  as  aforesaid  why  said  proposed  change  of  the  boundaries 
of  the  district  shculd  not  be  made.  The  failure  by  any  per.son  inter- 
ested in  .said  district,  or  in  the  matter  of  the  proposed  change  of  its 
l)oundaries,  to  show  cause,  in  writing,  as  aforesaid,  shall  be  deemed 
and  taken  as  an  assent  on  his  part  to  a  change  of  the  boundaries  of  the 
district  as  prayed  for  in  said  petition,  or  to  such  a  change  thereof  as 
will  include  a  jiart  of  said  lands.  And  the  tiling  of  such  petition  with 
said  board,  as  aforesaid,  shall  be  deemed  and  taken  as  an  assent  on  the 
part  of  each  and  all  of  such  petitioners  to  such  a  change  of  said 
boundaries  that  they  may  include  the  whole  or  any  portion  of  the  lands 
described  in  said  petition. 

Condition  precedent. 

Sec.  89.  The  board  of  directors  to  whom  such  petition  is  presented, 
may  require,  as  a  condition  precedent  to  the  granting  of  the  same,  that 
the  petitioners  shall  severally  pay  to  such  district  such  respective  sums, 
as  nearly  as  the  same  can  be  estimated  (the  several  amounts  to  be 
determined  by  the  board),  as  said  petitioners  or  their  grantors  would 
have  been  required  to  pa.y  to  such  district  as  assessments,  had  such 
lands  been  included  in  such  district  at  the  time  the  same  was  originally 
formed. 

Nile  In:  Dixt.  vs.  G.  S.  Co.,  24S  Fed.  S61. 

Change  in  boundaries. 

Sec.  90.  If  the  board  of  directors  deem  it  for  the  best  interest  of 
the  district  that  the  boundaries  of  the  district  be  changed  as  proposed 
and  if  no  i^rotest  against  such  change  is  made  as  provided  in  section 
ninety-one  of  this  act,  or  if  such  protest  be  made  and  enough  signatures 
be  withdrawn  therefrom  so  that  said  protest  is  no  longer  sufficient,  the 
board  shall  order  that -the  boundaries  of  the  district  l)e  changed  so  as 
to  include  therein  the  lands  described  in  said  petitiim.  f)r  such  ])Ortion 
thereof  as  the  boai'd  shall  find  will  be  beiietited  l)y  such  inclusion.  The 
order  shall  describe  the  boundaries  as  changed  and  shall  also  describe 
the  entire  boundaries  of  the  district  as  they  will  be  after  the  change 
thereof  as  aforesaid  is  made ;  and  for  that  purpose  the  board  may  cause 
a  survey  to  be  made  of  such  portions  of  such  boundaries  as  is  deemed 


I 


CALIFORNIA    IRKIGATION    DISTRICT    r;AW8.  (jO 

iit'cessary  :  /noritJcd,  Jinwrrrr,  that  any  jnililii^  land  of  tlie  I'liited  States 
i^f  America  adjoining  the  bonndarios  of  any  iiTigation  district  may  be 
inelnded  within  tlie  boundaries  of  any  such  irrigation-  district  by  order 
or  resolution  of  the  board  of  directors  of  such  district  without  any 
petition  being  filed  asking  for  such  inclusion ;  and  providfd,  further, 
that  when  additional  land  is  included  within  any  irrigation  district  and 
the  board  of  directors  of  such  district  finds  either  that  such  inclusion 
without  condition  would  work  an  injury  to  the  land  already  in  the 
district,  either  by  an  impairment  of  water  rights  or  by  requiring  a 
greater  expense  for  furnishing  water  to  the  lauds  proposed  to  be 
included,  the  board  may  prescribe  conditions  upon  such  inclusion  of 
land,  either  by  providing  for  priority  of  right  to  water  or  for  the  pay- 
ment of  an  additional  annual  charge,  or  such  other  conditions  as  may 
to  the  board  seem  just.  If  such  inclusion  is  upon  petition  of  property 
owners,  all  such  propertj-  owners  shall  sign  and  acknowledge  an  agree- 
ment \Tith  the  district,  specifying  such  conditions  and  describing  the 
land  so  to  be  included.  Such  agreement  must  be  recorded  in  the  office 
of  the  county  recorder  of  the  county  in  which  such  lands  are  situated, 
together  with  a  certified  copy  of  the  order  including  such  lands,  and 
thereupon  such  lands  shall  liecome  a  part  of  such  irrigation  district 
subject  to  such  conditions.     (Stats.  1021.  p.  999.) 

Resolution  describing  boundaries. 

Sec.  91.  If  a  protest  against  the  inclusion  of  such  lands,  signed  by 
not  less  than  three  per  cent  of  the  holders  of  title  or  evidence  of  title 
to  lands  within  the  district  and  holding  the  title  or  evidence  of  title 
to  not  le.ss  than  three  per  cent  in  value  of  the  lands  within  the  district 
according  to  the  last  ecjualized  assessment  roll  of  said  district,  shall 
have  been  presented  to  the  board  of  directors  and  upon  the  hearing 
of  said  matter  said  protest  .shall  not  be  withdrawn,  or  after  the  with- 
drawal therefrom  of  any  signatures  it  shall  still  be  signed  by  not  less 
than  three  per  cent  of  the  holders  of  title  or  evidence  of  title  to  lands 
within  the  district  and  holding  the  title  or  evidence  of  title  to  not  less 
than  three  per  cent  in  value  of  the  lands  within  the  district  according 
to  the  last  equalized  assessment  roll  of  said  district,  or  if  the  board  of 
directors  deem  it  not  for  the  best  interest.s  of  the  district  to  include 
therein  the  lands  described  in  said  petition  for  inclusion,  or  any  of 
them,  the  board  shall  adopt  a  resolution  stating  the  facts  and  describing 
the  boundary  of  the  tract  of  land  proposed  to  be  included  in  the 
district ;  but  before  calling  the  election  provided  for  in  the  next  section, 
the  board  may  require  an  undertaking,  with  sufficient  siTretie-s,  from 
the  petitioners  for  the  inclusion  of  said  laud  conditioned  that  the  peti- 
tioners or  the  sureties  will  pay  all  the  costs  of  holding  such  election 
in  case  such  inclusion  shall  be  denied.     (Stats.  1921,  p.  1000.) 

Notice  of  election;  ballots. 

Sec.  92.  Upon  the  adoption  of  the  resolution  mentioned  in  the  last 
preceding  section,  the  board  shall  order  that  an  election  be  held  within 
said  district,  to  determine  whether  the  boundaries  of  the  district  shall 
be  changed  as  mentioned  in  said  resolution;  and  shall  fix  the  time  ai 
which  such  election  shall  be  held,  and  cause  notice  thereof  to  be  given 
and  published.     Such  notice  shall  be  given  and  published,  and  such 


70  CALII'OUNIA    IKKIGATION    DISTIJICT    LAWS. 

election  sluill  lie  lii'ld  and  coiidueted,  tlic  i-ctunis  tlici-fui'  sliall  be  iiiad( 
and  r-anvasscd,  and  the  I'csult  (jf  tlic  cliM-ticjii  asL-ertained  and  declared, 
and  all  things  iiei-tainiiiif  tliereto  condncti'd  in  the  manner  prescribed  b; 
said  act  in  ease;  of  a  special  election  to  determine  whether  bonds  of 
irrigation  district  shall  be  issued.  The  ballots  cast  at  said  election! 
shall  contain  the  words  "For  change  of  boundary,"  or  "Against  change 
of  boundary,"  or  words  equivalent  thereto.  The  notice  of  eleetiou 
shall  describe  the  proposed  change  of  the  boundaries  in  such  manner 
and  terms  that  it  can  readily  be  traced. 

Majority  vote  to  decide  election. 

Sec.  93.  If  at  sucli  election  a  majority  of  all  the  votes  cast  at  said 
election  shall  be  against  such  cliange  of  the  boundaries  of  the  district, 
the  board  shall  order  that  said  petition  be  denied,  and  shall  proceed 
no  further  in  that  matter.  But  if  a  majority  of  such  votes  be  in  favor 
of  such  change  of  the  boundaries  of  the  district,  the  lioard  shall  there- 
upon order  that  the  boundaries  be  changed  in  accordance  with  said  reso- 
lution adopted  hy  the  board.  The  .said  order  shall  descrilK:'  the  entire 
boundaries  of  said  district,  and  for  that  purpose  the  board  may  cause  a 
survey  of  such  portions  thereof  to  lie  made  as  the  board  may  deem 
necessary. 

Order  of  board  to  be  recorded. 

Sec.  94.  Upon  a  change  of  tlic  boundaries  of  a  district  being  made, 
a  cop,y  of  the  order  of  the  l)oard  of  directors  ordering  such  change, 
certified  by  the  president  and  secretary  of  tlie  board,  sliall  be  filed  for 
record  in  the  recorder's  office  of  each  county  Avithin  whicli  are  situated 
any  of  the  lands  of  the  district,  and  thereupon  the  district  shall  he  and 
remain  an  irrigation  district,  as  fullj',  and  to  every  intent  and  purpose, 
as  if  the  lands  which  are  included  in  the  district  bj'  the  change  of  the 
boundaries,  as  aforesaid,  had  been  included  therein  at  the  original 
organization  of  the  district. 

Recording  petition  in  minutes. 

Sec.  95.  Upon  the  filing  of  the  copies  of  the  order,  as  in  the  last 
lu'cceding  section  mentioned,  the  secretary  shall  record  in  the  minutes 
of  the  board  the  petition  aforesaid;  and  the  said  minutes,  or  a  certified 
copy  thereof,  shall  be  admissible  in  evidence,  with  the  same  efifect  as  the 
petition. 

Rights  of  guardians,  executors  and  administrators. 

Sec.  96.  A  guardian,  an  executor,  or  an  administrator  of  an  estate, 
who  is  appointed  as  such  under  the  laws  of  this  state,  and  who,  as 
such  guardian,  executor,  or  administrator,  is  entitled  to  the  possession 
of  the  lands  belonging  to  the  estate  which  he  represents,  may,  on  behalf 
of  his  ward,  or  the  estate  which  he  represents,  upon  being  thereunto 
authorized  by  the  proper  court,  sign  and  acknowledge  the  petition  in 
this  act  mentioned,  and  may  show  cause,  as  in  this  act  mentioned,  why 
the  boundaries  of  the  district  should  not  be  changed. 

Redivision  of  district. 

Sec.  97.  In  case  land  is  included  within  any  district  as  aforesaid, 
the  board  of  directors  thei-eof  shall,  but  not  less  than  thirty  days  befoi'e 


CALIFORXLV   KRIGATIOX   DI3TBICT  LAWS.  71 

any  election  in  snch  district,  reestablish  the  boundaries  of  the  divisions 
and  election  preeinc-ts  within  snch  <listriet,  so  as  to  include  saeh  land 
therein  and  so  as  to  make  such  divisions  as  nearly  eqnal  in  size  and 
lx»pxilation  as  may  be  practicable.  In  case  of  the  inclnsion  of  any  land 
less  than  thirty  days  before  an  election  within  snch  district,  the  inhabi- 
tants of  the  land  so  included  shall  not  be  entitled  to  vote  at  anch  election. 
(Stats.  1921,  p.  861.;; 

REDUCTION  OF  BONDED  INDEBTEDNESS. 
Election  on  question  of  redacing  bonded  indebtedness. 

Sec.  98.  "Whenever  the  board  of  directors  of  an  irrigation  district 
heretofore  organized,  or  hereafter  organized  nnder  the  provisions  of 
this  act.  shall  determine  that  the  authorized  bonded  indebtedness  of 
such  irrigation  district  is  greater  than  snch  district  is  liable  to  need 
to  complete  its  system  as  planned,  and  there  be  no  outstanding  bonds, 
the  board  of  directors  may  call  a  .special  election  for  the  purpose  of 
voting  upon  a  proposition  to  reduce  such  bonded  indebtedness  to  such 
sum  as  the  board  may  determine  to  be  sufBcient  for  such  purpose. 

Notice  of  election;  ballots. 

Sec.  09.  Xotiee  of  the  said  election  shall  be  given  iu  the  same  manner 
as  provided  in  section  thirty  of  said  act,  in  relation  to  calling  special 
elections  for  issuance  of  bonds.  The  notice  of  election  must  state  the 
amount  of  the  authorized  bonded  indebtedness  of  such  district,  and  the 
amount  to  which  it  is  proposed  to  reduce  the  same;  also,  the  date  on 
wk!>-h  said  election  will  be  held,  and  the  polling  places,  as  established, 
by  said  board  of  directors.  The  ballots  cast  at  said  decision  shall  con- 
tain the  words  "For  reducing  bonds — ^Yes."  or  "For  reducing  bonds — 
Xo. ' '  "When  the  vote  is  canvassed  by  the  board  of  directors  and  entered 
of  record,  if  a  majority  of  the  votes  ca-st  shall  be  "For  reducing  bonds — 
Yes,"  then  in  that  event  the  board  of  directors  shall  only  be  empowered 
to  issue  or  sell  such  amount  of  bonds  as  was  stipulated  in  the  said 
notice  of  snch  special  election :  but  if  a  majority  of  said  votes  are  not 
"'For  reducing  bonds — ^Yes,"  then  the  authority  to  issue  bonds  shall 
remain  the  same  as  before  said  special  election  was  held. 

Assent  of  bondholders. 

Sec.  99i.  In  case  there  be  outstanding  bonds  of  any  district  desiring 
to  take  advantage  of  the  provisions  of  this  act  concerning  reduction  of 
bonded  indebtedness,  the  assent  of  such  bondholders  may  be  obtained 
to  snch  reduction  of  the  bonded  indebtedness,  in  the  same  manner  as 
provided  in  section  seventj"-mne  of  this  act.  If  snch  assent  is  obtained 
in  the  manner  therein  provided,  then,  and  in  that  event,  such  district 
shall  be  empowered  to  take  advantage  of  all  the  provisions  of  this  act, 
but  not  otherwise-  No  reduction  of  the  bonded  indebtednpss,  as  in  this 
act  provided,  shall  in  any  manner  affect  any  order  of  court  that  may 
have  been  made,  adjudicating  and  confirming  the  validity  of  said  bonds. 

LEASE  OF  WATER. 
Antbority  of  board  to  lease. 

Sec.  1<X>.  Whenever  any  irrigation  district,  heretofore  organized,  or 
hereafter  ortranized  under  the  provisions  of  this  act,  in  the  development 
of  its  works  as  by  law  provided,   may  have  opportunity,   without 


t'l  CALIFORNIA    IKEIGATION    DISTRICT    LAWS. 

incre.ised  exi)eiulitnro,  to  utilize  the  water  by  it  owned  or  eoiitrolled, 
for  meehanical  purposes  not  inconsistent  with  the  provisions  of  said 
act,  the  board  of  directors  may  lease  the  same,  as  in  this  act  hereinafter 
provided. 

Manner  of  procedure. 

Sec.  101.  Whenever  the  board  of  directors  may  desire  to  lease  the 
use  of  water,  as  hereinbefore  stated,  they  shall  pass  a  resolution  of 
intention  to  so  lease  the  same.  Immediately  thereafter  the  secretary 
shall  cause  notice  of  such  intention  to  be  £;iven  by  publication  in  one 
newspaper  published  in  each  county  in  which  lands  of  the  district  are 
situated,  for  at  least  twenty  days  (provided,  a  newspaper  is  published 
therein,  otherwise  in  any  newspaper  tlie  board  of  directors  may  select), 
and,  if  the  board  thinks  proper  in  such  other  newspapers  as  may  be 
deemed  advisable,  calling  for  bids  for  the  leasing  of  said  water  for  the 
purposes  hereinbefore  mentioned.  Said  notice  shall  state  that  the  board 
will  receive  sealed  proposals  therefor,  that  the  lease  will  be  let  to  the 
highest  responsible  bidder,  stating  the  time  and  place  of  opening  said 
proposals. 

Opening  proposals. 

Sec.  102.  At  the  time  and  place  appointed  the  board  shall  proceed 
to  open  the  proposals  in  public.  As  soon  thereafter  as  may  be  con- 
venient the  hoarti  shall  let  said  lease  in  portions,  or  as  a  whole,  to  the 
highest  responsible  bidder,  or  they  may  reject  any  or  all  bids,  and 
readvertise  for  proposals  for  the  same. 

Rentals. 

Sec.  103.  The  rental  accruing  upon  said  lease  may  vary  from  year 
to  year,  as  shall  be  specified  in  said  lease,  and  shall  be  payable  semi- 
annually, on  the  thirtieth  day  of  December  and  thirtieth  day  of  June 
of  each  year.  All  moneys  collected,  as  in  this  act  provided,  shall  be 
jiaid  into  the  treasury,  and  be  apportioned  to  such  funds  as  may  be 
deemed  advisable. 

Length  of  lease;  forfeiture. 

Sec.  104.  The  board  shall  have  power,  as  in  this  act  provided,  to 
execute  a  lease  for  any  period  not  exceeding  twent.y-five  years.  If  at 
any  time  the  rental  shall  not  be  paid  on  the  days  hereinbefore  men- 
tioned, the  amount  of  such  rental  then  due  shall  be  doubled,  and  if  not 
paid  within  ninety  days  thereafter,  the  said  lease  shall  be  forfeited  to 
said  district,  together  with  any  and  all  works  constructed,  owned,  used, 
or  controlled  by  said  lessee. 

Bond  of  lessee. 

Sec.  105.  Upon  the  letting  of  any  lease,  as  in  this  act  provided,  the 
board  may  require  the  lessee  to  execute  a  bond  for  the  faithful  per- 
formance of  the  covenants  of  said  lease,  or  give  such  other  evidence 
of  good  faith  as  in  their  judgment  may  be  necessary. 


CALIFORNIA    IKKUIATION    DISTRICT    LAWS.  73 

DESTRUCTION   OF  UNSOLD   BONDS. 
Election  on  question  of  destroying  unsold  bonds. 

Sec.  106.  Whenever  there  remains  in  the  h.aiids  of  the  hoard  of 
(lireetors  of  any  irrigation  district  heretofore  organized,  or  organized 
under  the  provisions  of  this  act,  after  the  comph'tion  of  its  ditch  system, 
and  the  payment  of  all  demands  against  such  district,  any  honds  voted 
to  be  issued  by  said  district,  but  not  sold,  and  not  necessary  to  be  sold 
for  the  raising  of  funds  for  the  use  of  such  district,  said  board  of 
directors  may  call  a  special  election  for  the  purpose  of  voting  upon  a 
jn'oposition  to  destroy  said  unsold  bonds,  or  so  many  of  them  as  may  be 
deemed  best,  or  may  sulimit  such  proposition  at  a  general  election. 

Notice  of  election;  ballots. 

Sec.  107.  Such  election  shall  lie  held  in  the  same  manner  as  other 
elections  held  under  the  provisions  of  this  act.  A  notice  of  such  election 
shall  be  given  in  the  same  manner  as  provided  in  section  thirty  of  this 
act  in  relation  to  calling  special  elections  for  the  issuance  of  bonds. 
The  notice  of  election  must  state  tlie  amount  of  the  bonded  indebtedness 
of  such  district  authorized  by  the  vote  of  the  district,  the  amount  of 
the  bonds  remaining  unsold,  and  the  amount  proposed  to  be  destroyed, 
and  the  date  on  which  such  election  is  proposed  to  be  held,  and  the 
polling  places  as  tixed  by  the  board  of  directors.  The  ballots  to  be  cast 
at  such  election  shall  contain  the  words  "For  destroying  bonds — Yes," 
and  "For  destroying  Iionds — No,"  and  the  voter  must  erase  the  word 
"No"  in  case  he  favors  the  destruction  of  bonds,  otherwise  the  M'ord 
"Yes." 

Two-thirds  majority  required. 

Sec.  108.  "When  the  vote  is  canvassed  by  the  board  of  directors  and 
entered  of  record,  if  a  two-thirds  majority  of  the  votes  east  should  be 
found  to  be  in  favor  of  the  destruction  of  said  bonds,  then  the  president 
of  the  board,  in  the  presence  of  a  majority  of  the  members  of  the  board, 
must  destroy  the  lionds  so  voted  to  be  destroyed ;  and  the  total  amount 
of  bonds  so  destroyed  and  canceled  shall  be  deducted  from  the  sum 
authorized  to  be  issued  by  the  electors  of  said  district,  and  no  part 
thereof  shall  thereafter  be  reprinted  or  reissued. 

SAVING  CLAUSES. 
Existing  districts  and  existing  rights  not  affected. 

Sec.  10!).  Nothing  in  this  act  shall  be  so  construed  as  to  affect  the 
validity  of  any  district  hei'etofore  organized  under  the  laws  of  this 
state,  or  its  rights  in  or  to  property,  or  any  of  its  rights  or  privileges 
of  whatsoever  kind  or  nature;  but  said  districts  are  hereby  made 
subject  to  the  provisions  of  this  act  so  far  as  applicable:  nor  shall  it 
affect,  impair,  or  discharge  any  contract,  obligation,  lien,  or  chai'ge  for, 
or  upon  which  it  was  or  might  become  liable  or  chargeable  had  not  this 
act  been  passed;  nor  shall  it  affect  the  validity  of  any  bonds  which 
have  been  is.sued  but  not  sold ;  nor  shall  it  affect  any  action  which  now 
may  be  pending. 

Tulare  In:  Dist.  vs.  CoUins.  154  Cal.   440-2  : 

Board  of  Supervisors  vs.  Thompson,  122  Feil.   SGO-2. 


74  CAIilPORNIA    IRRIGATION    I1ISTHICT   LAWS. 

Name  of  district. 

Sec.  109a.  The  naiup  of  any  district  heroafter  organized  liereundcr 
shall  contain  either  the  words  "irrigation  district"  or  "wiiter  con- 
servation district."  Any  district  heretofore  or  licrral'lcr  organized 
and  existing,  the  name  of  wliich  sliall  inclnde  the  words  "irrigation 
district"  may  change  its  said  name  hy  suhstit\iting  for  the  word 
"irrigation,"  "water  conservation"  hy  filing  witli  the  l)oard  of  snper- 
visors  with  wliich  was  filed  the  original  petition  for  the  organization  of 
the  district,  a  certified  copy  of  a  resolution  of  its  board  of  directors 
adopted  by  the  unanimous  vote  of  all  the  members  of  said  board  at  a 
regular  meeting  thereof  providing  for  such  cliange  of  name;  and  there- 
after all  proceedings  of  such  district  shall  be  had  un(h'r  such  changed 
name,  but  all  existing  obligations  and  contracts  of  the  district  entered 
into  under  its  former  name  shall  remain  outstanding  without  change 
and  with  the  validit.y  thereof  unimpaired  and  unaffected  by  such 
change  of  name.     (Stats.  1921,  p.  1110.) 

Effect  on  prior  acts. 

Sec.  110.  Nothing  in  this  act  shall  be  construed  as  repealing  or  in 
any  wise  modifying  the  provisions  of  any  other  act  relating  to  tlie 
subject  of  irrigation  or  water  commissioners,  excei)t  such  as  may  be 
contained  in  the  act,  an  act  entitled  an  act  to  provide  for  the  organiza- 
tion and  government  of  irrigation  districts,  and  to  provicU^  for  the 
acquisition  of  water  and  other  ])roiierty,  and  for  the  distriluition  of 
water  thereby  for  irrigation  purposes,  approved  Marcli  seventh,  eigli- 
teeii  hundred  and  eighty-seven,  and  the  subsequent  acts  supplementary 
thereto,  and  amendatory  thereof,  all  of  which  acts,  so  far  as  they  nuiy 
be  inconsistent  herewith,  are  hereby  repealed. 

Board  of  SuiJervisors  vs.   Thompson,  122  Fed.   S6ii. 

Time  of  taking  effect. 

Sec.  111.  This  act  shall  take  effect  from  and  after  its  pas.sage  and 
approval. 

Title  of  act. 

Sec.  112.  This  act  may  be  referred  to  in  any  action,  j)roceeding 
or  legislative  enactment  as  "tlie  California  irrigation  district  act." 
(Stats.  1919,  p.  669.) 

ConstitutionaUty  : 

Act  is  constitutional. 

Turlock  Irrii/ation  District  vs.   Williams,  76  Cal.   ;!60  ; 

Board  of  Directors  vs.  Trer/ea,  S8  Cal.  334  ; 

/H  re   Madera  Irriyatioii   District,   92    Cal.    296; 

In  re  Central  Irrir/alion  District.  117  Cal.  382: 

Matter  of  Bonds  of  South  fsun  Joaquin  Irrigation  District,  161  Cal.  ^i't  ; 

Fallbrook  Irrigation  District  vs.  Bradley,  164  U.  S.  112,  41  L,.  Ed.  369. 

Public  corporation  : 

Irrigation  district  is  public  corporation  or  qtiasi  corporation. 
Turlock  Irrigation  District  vs.   WillianiS,  76  Cal.  360  ; 
Central  Irrigation  District  vs.   DeLappe,  T'J   C-a\.   351  ; 
Crall  vs.  Poso  Irrigation   District,  S7  Cal.   140; 
In  re  Madera  Irrigation  District,  92  Cal.  296  ; 
People  vs.  Selnia  Irrifjation   District,  98  Cal.   206  ; 
People  vs.  Turnbull.  93  Cal.  630  ; 

Tulare  Irrigation,  District  vs.   Collins,   154  Cal.   440  ; 
Bettencovrt  vs.  Industrial  Accident  Commission,  175  Cal.  559; 


I 


CALIFORNIA   IRRIGATIOX    DISTRICT   LAWS.  10 

Turlock  In:  Dist.  vs.   White   (Cal.).  19S  Pac.  1060; 
People  vs.  Cardiff  Irr.  Dial.,  34  C.  A.  T>.  451 ; 
Lindsap-Strathmore  /it.  Dist.  vs.  Superior  Court,  182  Cal.  315. 

Validity  of  organization : 

May  not  be  questioned  by  private  party. 

ililler  vs.  Ferris  Irrigation  District,  So  Fed.  693. 

Can  not  be  attacked  collaterally. 

Quint  vs.  Hoffman.  103  Cal.  506 : 

Knotcles  vs.  Xcxc  Siceden  Irrigation   District    (Idaho).  101  Pac.  SI; 
Quinton  vs.  Bq{iitable  Investment  Company,  196  Fed.  314; 
Tulare  Irrigation  District  vs.  Shepard,  185  U.  S.  1. 

District  may  not  plead  the  illegality  of  Its  own  organization  to  defeat  pay- 
ment of  bonds. 

Herring  vs.  Modesto  Irrigation  District.  95  Fed.  705  ; 
Tulare  Irrigation  District  vs.  Shepard,  1S5  C  S.  1. 

Construction  of  act: 

Act   should   be    so   construed    as   to   effectuate    its   purpose    to    facilitate    the 
economic  and  permanent  reclamation  of  arid  lands. 
Jennison  vs.  Redfteld,  149  Cal.  500  : 

Xampa  and  Meridian  Irrigation  District  vs.  Petrie   (Idaho),   153  Pac.  425; 
Colburn  vs.  TFi)«on  et  al.   (Idaho).  132  Pac.  579. 


76  CALIFORNIA    IRRIGATION    mSTRICT    LAWS. 

ASSESSMENTS,  PAYMENT  IN  TWO  INSTALLMENTS. 

An  act  to  pcDiiH  boards  of  dircvtorx  of  irriiiat'tim  districts  orfjdiiizcd  or 
existing  under  and  by  virtue  of  an  act  of  the  legislature,  entitled 
"An  act  to  provide  for  the  organisation  and  government  of  irriga- 
tion districts,  and  to  provide  for  the  acquisition  or  construction 
thereby  of  works  for  the  irrigation  of  the  lands  embraced  vithin 
such  districts,  and  also  to  provide  for  the  distribution  of  ivater  for 
irrigation  purposes,"  approved  March  31,  1897 ;  to  provide  for  the 
payment  in  two  installments  of  the  assessments  levied  iincler  and  in 
accordance  tvith  the  provisions  of  said  act. 

(Approved  March  19,   1909;   Stats.   1909,  p.  415.) 

Payment  of  assessments  in  two  installments. 

Section  1.  It  .sliall  be  lawful  fur  lioards  of  directors  of  irrigation 
districts,  organized  or  existing  under  or  by  virtue  of  an  act  of  the  legis- 
lature, entitled  "An  act  to  provide  for  the  organization  ^nd  govern- 
ment of  irrigation  districts,  and  to  provide  for  the  acquisition  or  con- 
struction thereby  of  works  for  the  irrigation  of  lands  embraced  within 
such  districts  and  also,  to  provide  for  the  distribution  of  water  for 
irrigation  purposes";  approved  March  31,  1897;  to  provide  for  the 
payment  of  assessments  levied  in  accordance  with  the  provision  of 
said  act,  in  two  installments. 

Resolution  by  directors. 

Sec.  2.  The  directors  of  anj'  such  irrigation  district  may,  whenever 
they  shall  so  determine,  and  must  upon  a  petition  in  writing,  signed 
by  a  majority  of  the  assessment  paj'crs  within  such  district,  pass  a 
resolution  providing  that  thereafter  all  assessments,  except  special 
assessments  provided  for  ))y  section  thirty-four  of  said  act  of  1897, 
shall  be  payable  in  two  installments,  and  in  said  resolution  shall  specify 
when  such  payments  may  be  made. 

Time  of  passing  or  rescinding  resolution. 

Sec.  3,  Such  resolution  must  be  passed  before  the  first  Monday  in 
August,  and  can  not  be  rescinded  to  take  effect  during  any  year  after 
the  first  Monday  of  March  in  that  year. 

When  assessments  become  delinquent. 

Sec.  4.  Whenever  the  board  of  directors  of  such  irrigation  district 
shall  have  so  determined,  thereafter  one-half  of  the  assessments  levied 
within  such  district  shall  become  delinquent  at  six  o'clock  p.m.  on  the 
last  Monday  of  December,  and  one-half  thereof  .shall  become  delinquent 
at  six  p.m.  on  the  last  Monday  of  June  next  thereafter;  provided,  that 
where  an  assessment  has  been  levied  as  provided  in  section  34  of  said 
act  the  whole  of  such  assessment  shall  become  delinquent  on  the  last 
ilonday  in  December. 

Effect  of  act. 

Sec,  5.  When  provision  is  made,  a.s  herein  provided,  for  the  payment 
of  said  assessments  in  two  installments,  the  publication  of  the  delinquent 
list  provided  for  in  said  act,  shall  not  be  made  before  the  fii-st  day  of 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  II 

July,  but  must  be  made  ou  or  Ijefore  the  first  day  of  Aueust,  and  except 
as  otherwise  herein  provided  all  of  the  provisions  of  said  irritration  act 
or  acts  not  inconsistent  with  this  act  relative  to  the  assessment,  pay- 
ment and  collection  of  assessments,  notice  of  assessments,  publication 
of  delinquent  list,  and  sale  for  delinquent  assessment,  and  all  other 
provisions  relative  to  such  assessments  shall  be  applicable,  and  the  only 
effect  of  this  act  shall  be  to  permit  the  payment  of  such  assessments  m 
two  installments,  and  to  postpone  the  notice  of  sale  and  sale  provided 
for  in  said  act  until  after  the  first  day  of  July,  and  when  sale  is  made 
at  the  time  herein  specified  it  shall  have  the  same  effect  as  though  made 
at  the  time  and  in  the  manner  specified  in  said  act  of  1897. 


78  C.VLIFORNIA    IRRIGATION    DISTRICT   LAWS. 

ASSESSMENT  OF  PUBLIC  LANDS  SUBJECT  TO  ENTRY. 

An  (u:t  io  jiroiiwtr  ihr  rcchnnatiini  nf  arid  land  and  to  provide  that 
certain  land  belonging  to  the  Stale  of  California,  within  tho  bound- 
aries of  an  irrigation-  district  shall  be  subject  to  the  assessments 
levied  in  said  district. 

(Approved  May  25.  1917;  Stats.   1917,  p.   936.) 

State  lands  in  district  to  be  assessed. 

Section  1.  "Whenever  there  shall  be  included  in  any  irrigation  dis- 
trict organized  and  existing  under  the  laws  of  this  state,  public  lands 
belonging  to  the  state  subject  to  entry,  or  which  have  been  entered,  and 
for  which  no  certificates  of  purchase  have  been  i.ssued,  such  lands  arc 
hereb.y  made  and  declared  to  be  subject  to  all  of  the  provisioas  of  law 
relating  to  the  organization,  government  and  regulaiioii  of  irrigation 
districts  to  the  same  extent  and  in  the  same  manner  in  which  the  lands 
of  a  like  character  held  under  private  ownership  are  or  may  be  subject 
to  such  law;  provided,  liowever,  that  nothing  herein  contained  shall  be 
construed  as  creating  any  obligation  against  the  State  of  California  to 
pay  any  of  said  charges,  assessment  or  debt. 

Notice  served  on  surveyor  general. 

Sec.  2.  All  notices  required  by  the  act  under  which  such  district  is 
organized  shall,  as  soon  as  such  notices  are  issued,  be  served  upon  the 
surveyor  general  of  the  State  of  California  by  mailing  to  his  office  a 
copy  thereof  enclosed  in  a  sealed  envelope  with  po.stage  prepaid. 

Assessment  a  lien. 

Sec.  3.  No  public  lands  which  were  unentered  at  the  time  any 
assessment  was  levied  against  the  same  by  such  irrigation  district  shall 
be  sold  for  such  assessment,  but  such  assessment  shall  be  and  continue 
a  lien  upon  such  land,  and  no  patent  shall  issue  therefor  until  the 
applicant  shall  present  a  certificate  from  the  proper  district  officer 
showing  that  no  unpaid  assessments  or  charges  are  clue  and  delinquent 
against  said  land. 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  79 


BOND  CERTIFICATION  COMMISSION. 

An  act  rii-atiiKj  to  bonds  of  Irrigation  districts,  providing  under  what 
circumstances  such  bonds  shall  be  legal  investments  for  funds  of 
banks,  insurance  companies  and  trust  companies,  trust  funds,  state 
school  funds  and  any  money  or  funds  which  may  now  or  hereafter 
be  invested  in  bonds  of  cities,  cities  and  counties,  counties,  school 
districts  or  municipalities,  and  providing  tinder  what  circumstances 
the  use  of  bonds  of  irrigation  districts  as  security  for  the  perform- 
ance of  any  act  may  be  authorized. 

(Approved  June  13,   1913;   Stats.    1913,  p.   77S.     Amended  Stats.,    1915,  p.   692;    1917, 
p.    582;    1919,   p.    1207;   1921.   p.    119S.) 

Resolution  declaring  bonds  available  as  legal  investments. 

Section  1.  "Whenever  the  board  of  directors  of  any  irrigation  dis- 
trict organized  and  existing  under  and  pur.suant  to  the  laws  of  the  State 
of  California  shall  by  resolution  declare  that  it  deems  it  desirable  that 
any  contemplated  or  outstanding  bonds  of  said  district,  including  any 
of  its  bonds  authorized  but  not  sold,  shall  be  made  available  for  the 
pui-poses  provided  for  in  section  seven  of  this  act,  the  said  board  of 
directors  .shall  thereupon  file  a  certified  copy  of  such  resolution  with 
the  commission  hereinafter  provided  for. 

Report  of  irrigation  district  bond  commission. 

Sec.  2.  Such  commission,  upon  the  receipt  of  a  certified  copy  of  .such 
resolution,  shall,  without  delay,  make  or  cause  to  be  made  an  investiga- 
tion of  the  affairs  of  the  district  and  report  in  writing  upon  .such  mat- 
ters as  it  may  deem  essential,  and  particularly  upon  the  following 
points : 

(a)  The  supply  of  water  available  for  the  project  and  the  right  of 
the  district  to  .so  much  water  as  may  be  needed. 

ib)  The  uatui-e  of  the  soil  as  to  its  fertility  and  susceptibility  to 
irrigation,  the  probable  amount  of  water  needed  for  its  irrigation  and 
the  probable  need  of  drainage. 

(c)  The  feasibility  of  the  district's  irrigation  system  and  of  the 
specific  project  for  which  the  bonds  under  consideration  are  desired  or 
have  been  used,  whether  such  system  and  project  be  con.strueted,  pro- 
jected or  partially  completed. 

(d)  The  reasonable  market  value  of  the  water,  water  rights,  canals, 
reservoii-s,  reservoir  sites  and  irrigation  works  owned  by  such  district 
or  to  be  acquired  or  constructed  by  it  with  the  proceeds  of  any  of  such 
bonds. 

(e)  The  reasonaljle  market  value  of  the  lands  included  within  the 
boundaries  of  the  district. 

(/')  Whether  or  not  the  aggregate  aiiuiuut  of  the  bonds  under  con- 
sideration and  any  other  outstanding  lionds  of  said  district,  including 
l)onds  authorized  but  not  sold,  exceeds  sixty  per  centum  of  the  aggre- 
gate market  value  of  the  lands  within  said  district  and  of  the  water, 
water  rights,  canal,  reservoii"s,  reservoir  sites,  and  irrigation  works 
owned,  or  to  be  acquired  or  constructed  with  the  proceeds  of  any  of 
said  bonds,  by  said  district,  as  determined  in  accordance  with  para- 
L'laphs  {d)  and  (e)  in  this  section. 


80  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

((/)  The  numbers,  date  or  dates  of  issue  and  denoiuiuations  of  the 
Ijonds,  if  any,  wliich  the  commission  shall  tind  are  available  for  the  pur- 
poses provided  for  in  section  seven  of  this  act,  and,  if  the  invesiigation 
has  covered  contemplated  bonds,  the  total  amount  of  bonds  which  the 
district  can  issue  without  exceeding  the  limitation  expressed  in  para- 
graph (/')  of  this  section. 

Certification  by  state  controller. 

Sec.  3.  The  written  report  of  the  investigation  herein  provided  for 
shall  be  tiled  in  the  office  of  the  state  controller,  and  a  copy  of  said 
report  shall  by  the  commission  be  forwarded  to  the  secretary  of  the 
district  for  which  the  investigation  shall  have  been  made,  and  if  said 
commission  shall  have  found,  as  set  out  in  said  report,  that  the  irriga- 
tion system  of  the  district  and  the  specific  project  for  which  the  bonds 
under  consideration  are  desired  or  have  been  used,  whether  such  project 
be  constructed,  projected  or  partially  completed,  are  feasible  and  that 
the  aggregate  amount  of  the  bonds  under  consideration  and  any  other 
outstanding  bonds  of  said  district,  including  bonds  authorized  but  not 
sold,  does  not  exceed  sixty  per  centum  of  tlie  aggregate  market  value  of 
the  lands  wdthin  said  district  and  of  the  water,  water  rights,  canals, 
reservoirs,  reservoir  sites,  and  irrigation  works  owned  or  to  be  acquired 
or  constructed  with  the  proceeds  of  any  of  said  bonds  by  said  district, 
the  bonds  of  such  irrigation  district,  as  described  and  enumerated  in 
said  report  filed  with  the  state  controller,  shall  be  certified  by  the  state 
controller,  as  hereinafter  provided  for.  If  the  commission  shall  be 
notified  bj^  the  board  of  directors  of  any  district  whose  irrigation  system 
has  been  found  in  such  report  to  be  feasible  that  the  district  has  issued 
bonds  and  the  commission  shall  find  that  said  bonds  are  for  any  project 
or  projects  approved  in  such  report  and  that  the  amount  of  said  bonds 
does  not  exceed  the  limitation  stated  in  such  report,  the  commission 
shall  prepare  and  file  with  tlic  state  controller  a  supplementary  report 
giving  the  numbers,  date  or  dates  of  issue  and  denominations  of  said 
bonds,  which  shall  then  be  entitled  to  certification  by  the  state  con- 
troller as  hereinafter  provided  for.  Subsequent  issues  of  bonds  may 
be  made  available  for  the  purposes  specified  in  this  act  upon  like  pi-o- 
ceedings  by  said  district,  but,  after  any  of  the  bonds  of  an  irrigation 
district  have  been  enumerated  and  described  as  entitled  to  certification 
by  the  state  controller  as  herein  provided  for,  it  shall  be  unlawful  for 
that  district  to  issue  bonds  that  will  not  be  entitled  to  such  certification. 
It  is  hereby  made  the  duty  of  the  state  controller  to  provide  for  filing 
and  presei-ving  the  reports  mentioned  in  this  section  and,  also,  to  make, 
keep  and  preserve  a  record  of  the  bonds  certified  by  him  in  accordance 
with  the  provisions  of  section  four  of  this  act,  including  the  date  of 
certification,  the  legal  title  of  the  district,  the  number  of  each  bond,  its 
par  value,  the  date  of  its  issue  and  that  of  its  maturity. 

Provisions  of  section  two  directory. 

Sec.  3a.  The  provisions  of  section  two  of  this  act  as  to  the  points 
upon  which  said  commission  shall  report  are  directory  merely  and  the 
board  may  authorize  such  certification  when  in  their  opinion,  subject 


CALIFORNIA    IRKICATIOX    DISTRICT    LAWS.  81 

to  the  provisions  otherwise  contained  in  tliis  act.  their  findings  justify 
snch  action.     (Stats.  1917,  p.  iiS^.  i 

No  expenditures  without  consent  of  commission. 

Sec.  31).  Whenever  the  bonds  of  any  irrigation  district  have  been 
certified  as  provided  in  this  act,  no  expenditures  shall  be  made  from  the 
proceeds  of  such  bonds,  nor  shall  any  liability  to  be  met  fi'oin  such 
proceeds  be  incurred,  until  there  shall  have  been  filed  with  and  approved 
by  said  commission  such  a  scliedule  of  proposed  expenditures  of  such 
proceeds  as  may  be  necessary  to  set  forth  to  the  satisfaction  of  said 
commission  the  plan  proposed  for  carryinar  out  the  purposes  for  which 
said  bonds  were  authorized,  or  such  of  said  purposes  as  the  district 
may,  at  the  time  of  filins:  such  schedule,  desire  to  proceed  with:  and  no 
expenditures  from  the  i)roceeds  of  said  bonds  shall  be  made  for  any 
purpose  not  specified  in  such  approved  schedule  or  for  any  approved 
purpose  in  excess  of  the  amount  allowed  therefor  in  such  schedule 
without  the  consent  of  said  commission;  nor  shall  any  expense  of  any 
kind  be  incurred  in  excess  of  mone.v  actually  provided  by  levy  of  asses.s- 
ment  or  otherwise  except  as  provided  in  section  fift.v-nine  of  the  Cali- 
fornia irrigation  district  act.  During  the  progress  of  any  work  to  be 
paid  for  from  the  proceeds  of  any  bond  issue  certified  as  in  this  act 
provided,  the  deiiartment  of  engineering,  on  behalf  of  the  commission 
herein  authorized,  shall  make  from  time  to  time,  at  the  expense  of  the 
district,  such  inspection  of  the  work  as  may  be  necessary  to  enable  the 
said  department  to  know  that  the  plans  approved  by  the  commission  are 
being  carried  out  without  material  modification  unless  such  modification 
has  been  approved  by  said  commission.     (Stats.  1921.  p.  1198.) 

Certification  of  bonds  as  needed. 

Sec.  '4c.  Whenever  the  survey,  examinations,  drawings  and  plans 
of  an  irrigation  district,  and  the  estimate  of  cost  liased  thereon,  shall 
provide  that  the  works  necessaiy  for  a  completed  project  shall  be  coii- 
structe<l  progressively  over  a  period  of  \ears  in  accordance  with  section 
thirty  of  the  California  irrigation  district  act,  and  in  accordance  with 
a  plan  or  schedule  adopted  by  resolution  of  the  board  of  directors  of 
the  district,  it  shall  not  be  necessary  for  the  commission  to  certify  at 
one  time  all  of  the  bonds  that  have  been  voted  for  the  said  completed 
project :  but  such  bonds  may  be  certified  from  time  to  time  as  needed  by 
the  district.  If  the  commission  shall  certify  all  of  the  bonds  necessary 
for  the  said  completed  project,  even  if  said  project  is  to  be  constructed 
progressively  over  a  period  of  years  in  accordance  with  the  aforesaid 
resolution  of  the  board  of  directors,  the  bonds  so  voted  and  certified 
shall  onlv  lie  sold  after  prior  written  approval  of  the  commission. 
(Stats.  1919,  p.  1207.) 

Form  of  controller's  certificate. 

Sec.  4.  Whenever  any  bond  of  an  irrigation  district  organized  and 
existing  as  aforesaid,  including  any  bond  authorized  in  any  such  dis- 
trict but  not  sold,  which  shall  be  eligible  to  certification  by  the  state 
controller  under  section  three  of  this  act,  shall  be  presented  to  tlie  state 

6-27968 


82  CALIFUUNIA    IKlilGATION    DISTRICT    LAWS. 

Koutroller,  he  sliall  cause!  to  he  Mttaclicd  tlicrclo  a  ciTlificate  in  siili- 
stantially  the  foHowiui^  l'i)nn : 

Sacramento,  Cal.,  (insert  date). 

I, ,  controller  of  the  State  of  Oalifornin, 

do  hereby  certify  that  the  within  bond.  No of  i.ssne  No 

of  the irrifi;ation   district,  issued 

(insert  date),  is,  in  accordance  with  an  act  of  tlie  legislature  of  Cali- 
fornia approved ,  a  legal  investment  for  all  trust 

funds  and  for  the  funds  of  all  insurance  companies,  hanks,  both  com- 
mercial and  savings,  trust  companies,  the  state  school  funds  and  any 
funds  which  may  be  invested  in  county,  municipal  or  school  district 
bonds,  and  it  may  be  deposited  as  security  for  the  performance  of  any 
act  whenever  the  bonds  of  any  county,  city,  city  and  county,  or  school 
district  ma,y  be  so  deposited,  it  beins  entitled  to  such  privileges  by 
virtue  of  an  examination  by  the  state  engineer,  the  attorney  genei"al 
and  the  superintendent  of  banks  of  the  State  of  California  in  pursuance 
of  said  act.  The  within  bond  may  also,  according  to  the  constitution  of 
the  State  of  California,  be  used  as  security  for  the  deposit  of  public 
money  in  banks  in  said  state. 


Controller  of  State  of  California. 


In  ca.se  of  a  change  in  the  constitution  or  any  of  the  laws  of  this 
state  relating  to  the  bonds  of  irrigation  districts,  the  state  controller 
shall,  if  necessary,  modify  the  above  certificate  so  that  it  shall  conform 
to  the  facts. 

A  facsimile  of  the  controller's  signature,  printed  or  otherwise, 
impressed  upon  said  certificate  shall  be  a  sufficient  signing  thereof; 
provided,  that  the  imprint  of  the  controller's  seal  thereon  shall  appear 
upon  both  the  certificate  and  the  bond  over  and  through  the  printed 
signature.     (Stats.  191.'"),  p.  692.) 

Irrigation  district  bond  certification  commission  created. 

Sec.  f).  The  attorney  general,  the  state  engineer  and  the  superin- 
tendent of  banks  are  hereby  constituted  the  California  bond  certifica- 
tion commission,  being  the  commission  herein  provided  for,  and  said 
commission  shall  elect  one  of  its  members  chairman  and  may  employ 
such  clerks  and  assistants  as  may  be  necessary  for  the  performance  of 
the  duties  herein  imposed,  and  may  fix  the  compensation  to  be  paid  to 
such  clerks  and  assistants.     (Stats.  1921,  p.  1199.) 

Expenses. 

Sec.  6.  All  necessary  expenses  incurred  in  making  the  investigation 
and  report  in  this  act  provided  for  shall  be  paid  as  the  commission 
may  require  by  the  irrigation  district  whose  property  has  been  investi- 
gated and  reported  on  by  the  said  commission ;  provided,  that  the 
benefit  of  any  services  that  may  have  been  performed  and  any  data 
that  may  have  been  obtained  by  any  member  of  said  commission  or  any 
other  public  official  in  pursuance  of  the  requirements  of  any  law  other 
than  this  act,  shall  be  available  for  the  use  of  the  commission  herein 
provided  for  withoi^t  charge  to  the  district  whose  affairs  are  under 
investigation. 


CALIFOKMA    IRIUGATION    DISIUIC'I'    LAWS.  S'S 

Bonds  certified  legal  investments  for  trust  funds,  etc. 

Sec.  7.  All  bonds  i-LTtirted  in  aceordanec  with  the  tcJ'ius  of  thi.s  act 
shall  be  legal  investments  for  all  trust  funds,  and  for  the  funds  of  all 
insurance  companies,  l)anks,  both  commercial  and  savings,  and  trust 
companies,  and  for  the  state  school  funds,  and  whenever  any  money  or 
funds  may,  by  law  now  or  hereafter  enacted,  be  invested  in  bonds 
of  cities,  cities  and  counties,  counties,  school  districts,  or  municipalities 
in  the  State  of  California,  such  money  or  funds  may  he  invested  in 
the  said  bonds  of  irrigation  districts,  and  whenever  bonds  of  cities, 
cities  and  counties,  counties,  school  districts  or  municipalities  may  by 
any  law  now  or  hereafter  enacted  be  used  as  security  for  the  perform- 
ance of  any  act,  bonds  of  irrigation  districts  under  the  limitations  in 
this  act  provided  may  be  so  used.^  This  act  is  intended  to  be  and  shall 
be  considered  the  latest  enactment  upon  the  matters  herein  contained, 
and  any  and  all  acts  in  conflict  with  the  provisions  liereof  are  hereby 
repealed. 

"Irrigation"  includes  "water  conservation." 

Sec.  8.  The  words  "irrigation  districts''  wherever  used  herein  for 
all  purposes  hereof  shall  be  deemed  to  include  water  conservation  dis- 
tricts.    (Stats.  1921,  p.  1199.) 

'For  acts  authorizing  investments  in  irrigation  district  bonds,  see  Appendix, 
p.  174  hereof. 


Si  C'AiJi''i)i;.\iA   iKiiii;  \'n(ix   ms'iiticr  laws. 

BONDED  INDEBTEDNESS,  REFUNDING. 

An  act  io  authuriz(   irri(i((1iniii  tlislrids  to  rcfninl  (iiilslniidinfi  bonded 

hidchtcdncss} 

(Approved  May  25,   1919;   Stats.   1919,  p.   11104.) 
Election  on  question  of  refunding  indebtedness. 

Section  1.  Tlie  l)oard  of  directors  of  any  irrigation  district  oraan- 
ized  or  existing  under  or  subject  to  the  provisions  of  the  California 
irrigation  district  act  approved  ]\Iarch  31,  1897,  as  amended,  providing 
for  the  organization  and  government  of  irrigation  districts,  tliat  has 
an  outstanding  indeljtedness  evidenced  by  Ironds  lawfully  issued  prior 
to  January  1,  1913,  maj',  by  a  majority  vote  of  the  members  of  the 
board,  submit  to  the  electors  of  the  irrigation  district  at  any  election 
the  proposition  of  the  issuance  of  new  bonds  for  the  purpose  of  refund- 
ing the  bonds  outstanding,  as  the  same  become  due.  Such  election 
shall  be  held,  and  the  vote  thereon  shall  be  the  same  as  provided  bj^  the 
California  irrigation  district  act  for  the  issuance  of  other  irrigation 
district  bonds;  provided,  no  petition  therefor  need  be  circulated  or 
signed;  and  ■provided,  further,  that  a  majority  of  the  votes  of  those 
voting  on  said  proposition  shall  be  sufficient  to  carry  tlie  same.  Such 
bonds  shall  bear  interest  at  a  rate  the  same  as  or  lower  than  the  bonds 
to  be  refunded  and  no  refunding  bond  shall  have  a  later  date  of 
maturity  than  twenty  years  from  the  date  of  its  issue. 

Form  of  refunding  bonds. 

Sec.  2.  The  refunding  bonds  shall  be  issued  in  substantially  the 
manner  and  in  the  form  I'equired  by  law  for  the  is.suance  of  other  bonds 
of  the  district.  These  bonds  may  be  sold  from  time  to  time  in  the  same 
manner  as  other  bonds  of  the  district,  or,  if  the  directors  of  the  district 
and  the  holders  of  any  of  the  lionds  reaching  maturity  so  elect,  they 
may  be  exchanged  in  payment  of  the  lionds  so  maturing  as  such  lionds 
mature. 

Assessment  to  pay  interest  and  principal. 

Sec.  3.  The  board  of  directors  shall  cause  to  be  assessed  and  levied 
each  year  upon  the  assessable  property  in  the  district,  in  addition  to  the 
levy  authorized  for  other  purposes,  a  sufficient  sum  to  pay  the  interest 
on  or  any  principal  of  such  refunding  bonds  in  the  same  manner  as  is 
provided  in  the  California  irrigation  district  act  in  the  case  of  other 
l)onds. 


^See  also  "An  act  to  provide  for  the  issue  and  sale  or  exchange  of  funding  bonds 
of  irrigation  districts  organized  under  and  in  pursuance  of  an  act  of  the  legislature  of 
the  State  of  California  entitled  *An  .net  to  provide  for  the  organization  and  government 
of  Irrigation  districts,  and  to  provide  for  the  acquisition  of  water  and  other  property, 
and  for  the  distribution  of  water  thereby  for  irrigation  purposes,'  approved  Marcli  7. 
18S7,  to  provide  for  the  payment  of  such  bonds,  and  for  proceedings  to  test  the  validity 
or  the  same,"  approved  April  1,  1S97,  Stats.  1897,  p.  394;  amended  Stats.  1901,  p.  514. 


CALIFOKNIA    IKKIGATION    DISTRICT    LAWS.  85 

CANALS  AND  WORKS,  PROTECTION  OF. 

Sec.  592.  Every  pt'i-son  who  sliall,  without  milhority  ul  tlie  owner 
or  managing  agent,  and  with  intent  to  defraud,  take  water  from  any 
canal,  ditch,  tlunie  or  reservoir  used  f(n-  tlie  puri>ofe  of  holding  or 
conveying  water  for  manufacturing,  agricultural,  jniniug.  irrigating 
or  generation  of  power,  or  domestic  uses,  or  who  shall  without  like 
authority,  raise,  lower  tir  otherwise  disturb  any  gate  or  other  apparatus 
thereof,  used  for  the  control  or  measurement  of  water,  or  who  shall 
empty  or  place,  or  caiise  to  be  emptied  or  placed,  into  any  such  canal, 
ditch,  Unme  or  reservoir,  any  rubl)ish,  filth  or  obstruction  to  the  free  How 
of  the  water  is  guilty  of  a  niisdemeanor.      (Penal  Code.) 

Sec.  607.  Every  (ler.son  wlio  wilfully  and  maliciously  cuts,  breaks, 
injures  or  destroys  any  bridge,  ilam,  canal,  flume,  a(iueduct,  levee, 
embankment,  reservoir,  or  other  structure  erected  to  create  hydraulic 
]iower,  or  to  drain  or  reclaim  any  swamp  and  overflowed  tide  or  marsh 
land,  or  to  store  or  conduct  water  for  mining,  manufacturing,  reclama- 
tion, or  agricultural  purposes,  or  for  the  supply  of  the  inhabitants  of 
any  city  or  town,  or  any  emliankment  necessary  to  the  same,  or  either  of 
them,  or  wilfully  or  maliciously  makes,  or  causes  to  be  made,  any 
aperture  in  such  dam.  canal,  flume,  aqueduct,  reservoir,  embanlanent, 
levee,  or  structiu'e,  with  intent  to  injure  or  destroy  the  same;  or  draws 
up,  cuts,  or  injures  any  piles  fixed  in  the  ground  for  th''  purpose  of 
securing  any  sea-bank,  or  sea-walls,  or  any  dock,  quay,  or  jetty,  lock,  or 
sea  wall ;  or  who,  between  the  first  day  of  October  and  the  fifteenth 
day  of  April  of  each  year,  plows  up  or  loosens  the  soil  in  the  bed  or  on 
the  sides  of  any  natural  water  course  or  channel,  without  removing 
such  soil  within  twenty-four  hours  from  such  water  course  or  channel; 
or  who,  between  the  fifteenth  day  of  April  and  the  first  day  of  October 
of  each  year,  shall  plow  up  or  loosen  the  soil  in  the  bed  or  on  the  sides 
of  such  natural  water  coui'se  or  channel,  and  shall  not  remove  therefrom 
the  soil  so  plowed  up  or  loosened  before  the  first  day  of  October  next 
thereafter,  is  guilty  of  a  misdemeanor  and  upon  conviction,  punishable 
l)y  a  fine  not  less  than  one  hundred  dollars  and  not  exceeding  one 
thousand  dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding 
two  years,  or  by  both;  provided,  that  nothing  in  this  section  shall  be 
construed  so  as  to  in  any  manner  prohibit  any  person  froju  digging  or 
removing  soil  from  any  such  water  course,  or  channel,  for  the  purpose 
of  mining.     (Penal  Code.) 


86  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 


CONSOLIDATION  OF  DISTRICTS. 

An  act  to  provide  for  the  consolidation  of  districts  organized  or  exist- 
in!/  under  the  California  irrigation  district  net. 

(Approved  June  1,   1S21;  Stats.  1921,  p.  lOlS.) 

Consolidation  of  districts. 

Section  1.  Two  or  more  districts  organized  or  existinsr  nndei'  the 
California  irrigation  clistrii-t  act  may  be  consolidated  as  in  this  act 
provided  and  when  so  consolidated,  the  consolidated  district  shall  pos- 
sess all  of  the  powers  and  lie  jioverned  by  and  .snliject  to  all  of  the 
l>rovisioiis  of  the  California  irrigation  district  act,  except  as  in  this 
act  otherwise  in-ovided,  as  tiiough  originally  organized  nndcr  said  act. 

Petition. 

Sec.  2.  When  in  the  judgment  of  the  board  of  directors  of  an  irri- 
gation district  it  is  for  the  best  interest  of  such  district  that  it  be  con- 
solidated with  one  or  more  other  districts  organized  or  existing  under 
said  California  irrigation  district  act  or  when  there  is  pre.sented  to 
said  board  a  petition  signed  by  .signers  equal  in  numbers  to  and  possess- 
ing the  qualifications  required  by  said  California  irrigation  district  act 
for  a  petition  for  the  organization  of  a  district,  said  board  must  pass 
a  resolution  reciting  such  facts  and  declaring  the  advisability  of  such 
consolidation  and  its  willingness  to  consolidate  and  forward  a  copy 
thereof  to  the  state  engineer. 

Investigation. 

Sec.  3.  Upon  the  receipt  of  the  certified  copy  of  such  resolution 
adopted  by  two  or  more  of  such  districts  the  state  engineer  shall  forth- 
with make  or  cause  to  be  made  such  investigation  as  he  may  deem 
necessary. 

If  report  favorable. 

Sec.  4.  Upon  the  completion  of  such  examination  but  not  more  than 
ninety  (90)  days  after  the  receipt  by  him  of  a  copy  of  the  resolution 
from  the  board  last  adopting  the  same  the  state  engineer  shall  submit 
to  the  board  of  directors  of  each  of  said  districts  his  report  thereon. 

In  case  said  state  engineer  shall  consider  the  elimination  of  a  portion 
of  the  lands  included  in  any  of  the  original  districts  advisable,  he  .shall 
recommend  the  same  in  his  said  report,  stating  his  reasons  therefor. 
lie  shall  also  set  out  the  boundaries  of  the  consolidated  district  recom- 
mended and  the  divisions  into  which  it  is  to  be  divided,  the  same  being 
five  in  number. 

If  any  of  said  lands  so  elimiiKifi'd  Iinxc  never  received  water  from 
the  original  district  in  which  it  was  included,  the  owners  thereof  shall 
be  entitled  to  the  return  of  all  assessments  1  heretofore  ])aid  upon  same. 
If  any  of  said  lands  have  1  heretofore  i-e<'cived  water,  tlie  said  state 
engineer  shall  recommend  in  his  said  report  the  portion,  if  any,  of  said 
assessments  to  the  return  of  which  the  respective  owners  are  equitably 
entitled. 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  87 

Election. 

Within  ten  (10)  days  after  receiving;  said  report,  if  the  fstate  engi- 
neer deems  such  consolidation  desirable,  the  board  of  directors  of  each 
of  said  districts  must  make  an  order  calling  a  special  election  at  which 
shall  be  submitted  to  the  electors  of  such  district  possessing  the  qualiti- 
eations  prescribed  by  the  California  irrigation  district  act  the  question 
whether  or  not  said  consolidation  shall  be  effected,  which  said  election 
shall  be  conducted  so  far  as  practicable  in  accordance  with  the  require- 
ments for  the  election  of  ofScers  provided  in  said  act.  Notice  of  such 
election  shall  be  given  for  the  time  and  in  the  manner  provided  for 
notice  of  special  elections  for  the  issuance  of  bonds  in  said  California 
irrigation  district  act.  The  ballots  shall  contain  the  words  "Con.solida- 
tion — Yes"  and  "Consolidation — No."  or  words  equivalent  thereto, 
and  if  a  majority  of  the  votes  cast  in  each  district  are  "Consolida- 
tion— Yes,"  then  such  districts  shall  be  consolidated. 

At  such  election  there  shall  also  be  elected  the  directoi's  and  other 
officers  of  the  consolidated  district  who  shall  be  nominated  and  voted 
for  as  provided  upon  the  organization  of  a  district. 

If  report  unfavorable. 

Sec.  6.  After  receiving  said  report,  if  the  said  engineer  deems  such 
consolidation  not  desirable,  or  if  no  report  is  received  from  said  engi- 
neer within  ninct.v  (90)  days  after  the  submission  to  him  of  said  copy 
of  said  resolution  from  the  board  last  adoi)ting  the  same,  said  boards 
of  directors,  if  they  each  .shall  determine  and  declare  by  resolution 
that  the  proposed  consolidation  is  desirable,  shall  each  make  an  order 
calling  a  special  election  in  the  same  manner  as  provided  in  section 
five^  hereof,  which  said  election  shall  be  conducted  in  the  same  manner 
and  upon  the  same  notice  as  provided  therein. 

Offices. 

Sec.  7.  In  the  original  resolution  of  consolidation  the  boards  of 
directors  of  the  several  districts  shall  specify  the  offices  agreed  upon  for 
the  consolidated  district  and  upon  the  voters  of  said  districts  con- 
solidating said  districts  as  herein  provided,  the  directors  and  other 
ofiicei-s  then  elected  shall  thereupon  become  the  officers  of  such  consoli- 
dated district  and  shall  qualify  and  organize  in  the  manner  provided 
for  a  newly  organized  district. 

Apportionment  of  indebtedness. 

Sec.  8.  The  report  of  the  said  engineer  shall  recommend  the  appor- 
tionment to  the  lands  of  the  respective  districts  any  outstanding 
indebtedness  as  he  deems  equitable,  and  the  board  of  directors  of  the 
consolidated  district,  if  such  consolidation  be  made,  .shall  within  sixty 
(60i  days  after  su(rli  consolidation  act  upon  such  recommendation  and 
shall  apportion  1o  the  lands  of  the  said  consolidated  district  any  out- 
standing indebtedness  as  it  deems  eriuitable. 


'The  act  contains  no  section  5 ;  reference  evidently  intended  to  apply  to  the  fourth 
and  fifth  paragraphs  of  section  4. 


88'  CALIFORNIA    IRKIGATION    DISTKICT    I.AWS. 

Name  and  powers  of  district. 

Sec.  9.  In  the  original  resolution  of  ponsolidation  the  said  boards  of 
directors  of  the  several  districts  shall  specify  the  name  agreed  upon  for 
the  said  consolidated  district,  and  if  such  consolidation  is  adopted  at 
such  election,  then  said  consolidation  shall  be  effective  and  such  con- 
solidated district,  under  tlie  said  name,  shall  succeed  to  all  of  the 
rights,  privileges  and  jiroperties  of  all  of  the  districts  participating 
in  such  consolidation  and  shall  be  subject  to  all  of  the  indebtedness, 
lionded  and  otherwise,  tliereof,  as  .so  respectively  apportioned,  and  all 
future  assessments  lu'cessary  shall  be  levied  in  accordance  with  such 
apportionment. 

Within  ten  days  after  said  consolidation  is  made,  the  board  of 
directors  of  said  cou.solidated  district  shall  make  an  order  declaring 
such  consolidation  effective  and  setting  out  the  date  that  same  became 
effective  and  tlie  l>oundaries  of  said  consolidated  district.  A  copy  of 
said  order,  duly  certified  l)y  the  j)resident  and  secretaiy  tliereof,  shall 
be  forthwith  filed  for  record  in  the  office  of  the  county  recorder  of 
each  county  in  which  any  lands  of  said  district  are  situate. 


CAUFOKNIA    IRRIGATION    DISTRICT   LAWS.  89 

COOPERATIVE    AGREEMENTS   WITH   DISTRICTS   IN   OTHER 

STATES. 

An  act  to  provide  for  cooperatimi  in  acquisition,  construction  and 
manacfemenf  of  irrigation  and  drainage  irorks  between  irrigation 
districts  organized  or  existing  under  or  by  virtue  of  an  act  entitled 
"An  act  to  provide  for  organization  and  government  of  irrigation 
districts  and  to  provide  for  the  acquisition  thereby  of  works  for  the 
irrigation  of  the  lands  embraced  within  such  districts,  and  also  to 
provide  for  the  distribution  of  wafer  for  irrigation  purposes," 
approved  March  31,  1897,  and  contiguous  or  acljoinin/j  districts  in 
or  organized  under  the  laws  of  other  states. 

(Approved  May  23,  1917;  Stats.  1917,  i>.   903.) 
Cooperation  with  districts  in  adjoining  states. 

Section'  1.  It  sliall  be  lawful  for  irrigation  districts  organized  or 
existing  under  or  by  virtue  of  an  act  entitled  "An  act  to  provide  for 
the  organization  and  government  of  irrigation  district.s,  and  to  provide 
for  the  acquisition  or  construction  thereby  of  works  for  the  irrigation 
of  the  lands  embraced  within  such  districts,  and  also  to  provide  for 
the  distribution  of  water  for  irrigation  purposes."  approved  !Mareh  31, 
1897,  to  enter  into  agreement.s  with  irrigation  districts  in  adjoining 
states  for  the  joint  construction,  acquisition,  management  and  control 
of  diverting,  impounding  or  di.stributing  works  for  irrigation  or  drain- 
ing lands  within  the  boundaries  of  their  respective  districts. 

Contracts. 

Sec.  2.  Such  agreements  may  be  evidenced  by  written  contracts 
executed  on  behalf  of  their  respective  boards  of  directors  or  trustees, 
or  by  resolutions  entered  upon  their  respective  minutes.  Such  con- 
tracts or  certified  copies  thereof  and  certified  copies  of  such  resolutions 
shall  be  recorded  in  the  ofiSce  of  the  county  recorder  in  each  county  in 
which  is  situated  any  of  the  lands  of  said  districts  or  any  of  the  reser- 
voir sites  or  other  real  property  owned  by  said  districts  or  acquired 
under  the  provisions  of  this  act. 

Property  interests. 

Sec.  3.  Such  agreements  may  provide  for  joint  or  several  owner- 
ship or  ownership  in  common  of  the  property,  neces-sary  or  convenient 
for  the  purposes  of  this  act  and  may  provide  for  the  terms  and  condi- 
tions under  which  or  the  respective  proportions  in  which  such  property 
shall  be  held.  Any  rights  or  disputes  arising  out  of  or  from  said  agree- 
ments may  be  tried  before  and  enforced  by  any  court  of  competent 
jurisdiction  in  the  state. 

Meetings. 

Sec.  4.  Any  meeting  of  the  board  of  directors  of  any  sucli  district, 
held  in  conjunction  with  the  board  of  directors  of  the  cooperating  dis- 
trict, in  such  district  in  tbe  adjoining  state,  if  duly  and  regularly  caUed 
as  required  by  law  or  if  regularly  adjourned  to,  shall  be  as  lawful  and 


90  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

valid  ;us  if  held  at  the  office  of  the  board  of  directors;  of  siicli  district 
in  this  state. 

Diversion  of  water. 

Sec.  5.*  It  shall  be  lawful,  for  the  purposes  of  such  (cooperative 
action  to  divert  water  from  tiiis  state  for  iitiiiouuding  in  the  adjoining 
state  or  otherwise  for  distriljution  to  the  lands  of  tlie  cooperatinji'  dis- 
tricts regardless  of  the  state  in  which  such  lands  are  situated  or  to 
divert  water  from  sudi  adjoining  state  for  impounding  or  otherwise 
for  distribution  to  the  lands  of  such  cooperating  districts  in  this  or  the 
adjoining  state. 

Property  outside  state. 

Sec.  6.  Ho  far  as  may  be  necessary  for  full.\-  carryini;'  out  tiie  pur- 
poses of  this  act  such  cooperating  district  in  the  adjoining  state  may 
hold  title  to  property,  in  this  state  and  such  cooperating  district  in  this 
state  may  hold  title  to  property  in  the  adjoining  state. 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  91 

COOPERATION  UNDER  FEDERAL  TWENTY  YEAR  EXTENSION 

ACT. 

An  act  authorizuuj  and  etnpoirering  irrigation  and  reclamation  districts 
to  enter  into  contracts  icith  the  United  States  reclamation  service 
for  the  reclamation  of  lands  within  such  districts  under  the  provi- 
sions of  the  so-called  "twentij  year  extension  aft." 

(Approved  May  21,   1917;   Stats.   1917.  p.  781.) 

Contracts  with  reclamation  service. 

Section  ].  The  board  of  trustees,  or  ilirectors  of  any  irrigation  or 
reolamatioii  distriet  uow  organized  under  the  provisions  of  the  laws  of 
the  State  of  California,  or  of  any  irrigation  or  reclamation  district 
hereafter  organized  under  the  laws  of  the  State  of  California,  may,  in 
their  discretion,  whenever  it  is  determined  by  such  board  that  it  is  for 
the  best  interests  of  such  districts,  enter  into  a  contract  with  tlie  proper 
officers  of  the  United  States  Reclamation  Service  for  the  reclamation, 
either  by  drainage  or  irrigation  of  lauds  within  the  boundaries  of  such 
district,  or  by  preventing  high  water  from  overflowing  the  same,  under 
the  provisions  of  an  act  of  congress  approved  August  13,  391-4,  entitled 
"An  act  extending  the  period  of  payment  under  reclamation  projects, 
and  for  other  purposes,"  which  act  is  commonly  know-n  as  the  twenty 
year  extension  act,  and  from  and  after  the  execution  of  such  contract, 
the  amount  of  indebtedness  created  thereby  shall  be  and  become  a 
lien  upon  the  lands  to  be  benefited  by  such  reclamation  work. 

Payments. 

Sec.  2.  The  board  of  trustees  or  directors  of  any  irrigation  or 
reclamation  district  above  mentioned,  shall  provide  by  a  resolution  duly 
adopted  at  a  regular  meeting,  or  special  meeting  of  such  board  called 
for  the  purpo.se.  for  the  payments  of  the  amounts  to  become  due  under 
the  contract  with  the  United  States,  according  to  the  provisions  of  such 
contract,  by  assessment  upon  the  lands,  in  such  district,  which  are  to  be 
benefited  by  such  work,  sueli  assessment  to  be  collected  by  the  tax  col- 
lector of  the  county  within  which  such  lands  are  .situated,  the  same  as 
other  taxes  are  collected,  or  by  any  other  officer  authorized  by  law  to 
collect  assessments  within  said  district. 


92  CALIFORNIA    IRRIGATION   DISTRICT    LAWS. 

COOPERATION    WITH    FEDERAL    GOVERNMENT    FOR    CON- 
STRUCTION, OPERATION,  OR  MAINTENANCE  OF  WORKS. 

Ah  act  to  autliorizc  irriyalion  districts  to  cooperate  and  contract  with 
the  Vnited  States  under  the  provisions  of  the  federal  reclamation 
latcs  for  a  water  supply,  or  the  construction;  operation  or  mainte- 
nance of  icorks,  including  drainaye  works,  or  for  the  assumption 
hji  the  district  of  indebtedness  to  the  T'nitecl  States  on  account  of 
district  land;  and  to  provide  the  manner  and  method  of  paym-rnts 
to  the  United  States  under  such  contract,  and  for  the  apportion- 
ment of  assessments,  and  levy  thereof,  upon  the  lands  of  the  district 
to  secure  revenue  for  such  paym( nts,  and  to  provide  for  the  judicial 
7'cvicw  and  determination  of  the  vedidiiy  <if  the  proceedinys  in  con- 
nection witli  such  contract. 

(Approved  May   5.   11117;    Stats.    1917.  p.   HIS.) 
Contracts  with  United  States — irrigation  or  drainage. 

Section  1.  In  addition  to  the  powers  with  which  irrigation  di-s- 
triets  have  been  vested  under  the  aet  approved  ^larch  31,  1897,  and 
acts  amendatory-  thereof  or  suppk'inentary  thereto  and  acts  of  or  to 
which  said  act  is  amendatorj'  or  supplementary^  irrigation  districts 
heretofore  or  hereafter  organized  under  said  acts  shall  have  the  follow- 
ing powers :  To  cooperate  and  contract  with  the  United  States  under  the 
federal  reclamation  act  of  June  17,  1902,  and  all  acts  amendatory 
thereof  or  supplementary  thereto,  or  any  other  act  of  congress  heretofore 
or  hereafter  enacted  authorizing  or  permitting  .such  cooperation,  for 
purposes  of  construction  of  works,  whether  for  irrigation  or  drainage, 
or  both,  or  for  the  acquisition,  purchase,  extension,  operation  or  mainte- 
nance of  constructed  works,  or  for  a  water  supply,  or  for  the  assump- 
tion as  principal  or  guarantor  of  indebtedness  to  the  United  States  on 
account  of  district  lands. 

General  powers  of  district. 

Sec.  2.  The  l)oard  of  directors  .shall  generally  perform  all  such 
acts  as  shall  be  necessar.v  to  carrv  out  the  enlarged  powers  in  this  act 
enumerated.  Said  board  may  enter  into  any  obligation  or  contract 
with  the  Ignited  States  for  the  aforesaid  purposes,  and  may  provide 
therein  for  the  deliverv  and  distribution  of  water  for  the  lands  of  such 
district  under  the  aforesaid  acts  of  congress  and  the  niles  and  regula- 
tions established  tliereunder.  The  contract  may  provide  for  the  con- 
vevance  to  the  United  States  as  partial  consideration  for  the  privileges 
obtained  by  the  district  under  said  contract,  of  water  rights  or  other 
property  of  tlie  district;  and  in  case  contract  has  been  or  may  hereafter 
be  made  with  the  United  States  as  herein  provided,  bondv  of  the  district 
may  be  transferred  to,  or  depo.sited  with  the  United  States,  if  so 
provided  by  said  contract  and  authorized  as  hereinafter  set  forth,  at 
not  less  than  ninct.v-five  per  cent  of  their  par  value,  to  the  amount  to  be 
l)aid  l).v  the  districi  to  United  States  or  anv  part  thereof;  the  interest, 
or  principal,  oi-  Iwtli,  on  said  l)onds  to  be  I'aised  by  asses,sment  and 
levv  a.s  hereinafter  i)i-escril)ed,  and  to  be  regularly  i)aid  tc  the  United 
States  and  applied  as  provided  in  said"  contract.  Bonds  transferred  to 
or  deposited  with  the  United  States  may  call  for  the  payment  of  such 


CAI.IKnUMA    lUKKJATlOX    DlSTlilCT    LAW'S.  93 

interest  not  exeeediiifj  six  per  ci'ut  per  annum,  may  lie  of  srn^li  denomi- 
nation, and  may  eall  tor  the  i'ei)ayment  of  the  prineipal  at  sueli  tirae.s 
as  may  be  agreed  npon  lietween  the  board  and  the  secretary  of  the 
interior.  The  contract  with  the  United  States  may  lilcewise  call  for  the 
pajnuent  of  the  amount  or  amounts  to  be  paid  by  the  district  to  the 
United  States  or  any  part  thereof  at  such  times  and  in  such  installments 
and  with  such  interest  charges  not  exceeding  the  aforesaid  rate  as  may 
be  agreed  upon,  and  for  assessment  and  levy  tlierefor  as  hereinafter 
provided,  iloreover  the  board  ma.y  accept  on  behalf  of  the  district, 
appointment  of  the  district  as  fiscal  agent  of  the  United  States,  or 
authorization  of  the  district  by  the  United  States  to  make  collection  of 
moneys  for  or  on  behalf  of  the  United  States  in  connee^on  with  auy 
federal  reclamation  project  whereupon  the  district  shall  be  authorized 
so  to  act  and  to  assume  the  duties  and  liabilities  incident  to  such  action, 
and  the  said  board  .shall  have  full  power  to  do  any  and  all  things 
required  by  the  federal  statutes  now  or  hereafter  enacted  in  connection 
therewith,  and  all  things  required  by  the  rules  and  regulations  now  or 
that  may  hereafter  be  established  by  any  department  of  the  federal 
government  in  regard  thereto.  Districts  cooperating  with  the  United 
States  may  rent  or  lease  water  to  private  lands,  entrymen,  or  munici- 
palities in  the  neighborhood  of  the  district,  in  pursuance  of  contract 
with  the  United  States. 

Election. 

Sec.  3.  Any  proposal  to  enter  into  a  contract  with  the  United 
States  for  the  repayment  of  coastniction  moneys,  the  cost  of  a  water 
supply  or  the  acquisition  of  property,  and  to  issue  bonds,  if  any  be 
proposed,  shall  be  voted  upon  at  an  election  wherein  proceedings  shall  be 
had  in  so  far  as  applicable  in  the  manner  provided  in  the  case  of  the 
ordinary  issuance  of  district  bonds.  Said  proposal,  with  such  plans 
and  estimates  of  cost  as  have  been  made  in  connection  therewith,  shall 
be  submitted  to  the  state  engineer  for  his  examination  and  rei)ort,  and 
the  proceedings  in  that  regard  shall  be  in  accord  with  section  thirty  of 
the  act  approved  ]\larch  31,  1897.  as  amended,  in  so  far  as  tlie  same 
may  be  applicable.  Notice  of  the  election  herein  provided  for  shall 
contain  in  addition  to  the  information  recjuired  in  the  ease  of  ordinary 
liond  election  a  statement  of  the  maximum  amount  of  money  to  be 
payable  to  the  United  States  for  construction  purpo.ses,  cost  of  water 
supply  and  acquisition  of  property,  exclusive  of  penalties  and  interest, 
together  with  a  general  statement  of  the  property,  if  any.  to  be  con- 
veyed by  the  district  as  hereinabove  provided.  The  ballots  at  such 
election  shall  contain  a  brief  .statement  of  the  general  purpose  of  said 
contract  and  the  amount  of  the  obligation  to  be  assumed,  as  aforesaid, 
with  the  words  "Contract — Yes"  and  "Contract — No,"  or  "Contract 
and  bonds — ^Yes"  and  "Contract  and  bond.s — No,"  as  the  case  may  be. 
The  board  of  directors  may  .submit  any  such  contract  or  proposed 
contract  and  bond  issue  if  any,  to  the  superior  court  of  the  county 
wherein  is  located  the  office  of  said  board  to  determine  the  validity 
thereof  and  the  authority  of  the  board  to  enter  into  such  contract,  and 
the  authority  for  and  validity  of  the  issuance  and  deposit  or  ti'ansfer 
of  said  bonds;  whereu])on  the  same  proceedings  shall  lip  had  as  in  the 
ordinary  case  of  the  judicial  determination  of  the  validity  of  bonds 
and  with  like  effect. 


94  CAIJI'OKNIA    lUKKiATluN    DISTRICT    LAWS. 

Distribution  of  water. 

Sec.  4.  All  water,  the  right  to  the  use  of  whieh  is  acquired  by  the 
district  under  any  contract  with  the  United  States  shall  be  distributed 
and  apportioned  by  the  district  in  accordance  with  the  acts  of  congress 
applicable  thereto,  the  rules  and  regulations  of  the  secretary  of  the 
interior  thereunder,  and  the  provisions  of  said  contract,  and  provision 
may  be  made  in  the  contract  between  the  district  and  the  United  States 
for  the  refusal  of  water  service  to  any  or  all  lands  which  niay  become 
delinquent  in  the  payment  of  any  assessment  levied  for  the  purpose  of 
carrying  out  any  contract  between  the  district  and  the  United  States. 

Rights  of  way. 

Sec.  5.  Any  rights  of  way  or  other  property  owned  or  acquired 
bj-  the  district  may  be  conveyed  by  the  board  to  the  United  States  in  so 
far  as  the  same  may  be  needed  for  the  construction,  operation  and 
maintenance  of  ^TOrks  by  the  United  States  for  the  benefit  of  the  district 
under  any  contract  that  may  lie  entered  into  with  the  United  States 
pur-suant  to  this  act. 

Assessments. 

Sec.  6.  All  payments  due  or  to  become  due  to  the  United  States 
under  any  contract  between  the  district  and  the  United  States,  includ- 
ing such  payments  of  interest  and  principal  on  bonds  as  may  be  required 
in  connection  with  a  deposit  or  transfer  thereof  to  the  United  States, 
shall  be  paid,  unless  otherwise  provided  by  contract,  by  revenue  derived 
from  annual  assessments,  apportioned  as  hereinafter  prescribed,  and 
levies  thereof,  upon  such  real  propertj'  within  the  district  as  may  be 
assessable  for  district  purposes  under  the  laws  of  the  state,  and  such 
real  property  shall  be  and  remain  liable  to  be  a.ssessed  and  levied 
upon  for  such  payments  as  herein  provided.  It  shall  be  the  duty  of  the 
board  of  directors  annually  to  levy  an  assessment  siifficient  to  raise  the 
money  necessary  to  meet  all  payments  when  due  as  provided  in  the 
contract.  All  money  collected  in  jnirsuance  of  such  contract  by  assess- 
ments and  levies,  or  otherwise,  shall  be  paid  into  the  district  treasury 
and  held  in  a  fund  to  be  known  as  the  "United  States  contract  fund," 
to  be  used  for  payments  due  to  the  United  States  under  ;iny  such  con- 
tract. Public  lands  of  the  Ignited  States  within  any  district  shall  be 
subject  to  assessment  for  all  purposes  of  this  act  to  the  extent  provided 
for  by  the  act  of  congress  approved  Aiigust  11',  1916,  entitled  "An  act 
to  promote  reclamation  of  arid  lands."  or  any  other  law  which  may 
hereafter  be  enacted  by  congress  in  the  same  relation,  upon  full  com- 
pliance therewith  by  the  district.  Nothing  in  this  act  contained  shall 
be  construed  to  relieve  the  district  from  obligation  to  pay  as  a  district 
in  case  of  default  of  any  land,  unless  so  provided  by  the  said  contract 
between  the  district  and  the  United  States. 

Assessments  made  for  benefits. 

Sec.  7.  The  assessment  required  in  any  year  to  meet  the  payment 
due  to  the  United  States  for  all  purposes  under  the  contract  as  in  this 
act  provided  may  be  apportioned  in  accordance  with  the  benefits,  and  in 
the  ascertainment  of  such  benefits  there  shall  be  taken  into  account  the 
provisions  of  the  contract  between  the  United  States  and  the  district, 


CALIFORNJA    lUHIGATION    DISTRICT    LAWS.  95 

the  federal  laws  appliealilr  lliereto,  mikI  Uu;  notices  autl  regulations 
issued  in  pursuance  of  said  laws,  and  in  ease  such  contract  is  for  the 
assumption  by  the  district  as  principal  or  guarantor  of  indebtedness  to 
the  United  States  theretofore  existing  on  account  of  district  lands, 
there  shall  Ije  further  taken  into  account  the  provisions  of  existing  con- 
tracts carrying  such  indebtedness  and  the  amounts  of  such  liens  as  may 
l)e  relea.sed  in  pursuance  of  tlie  contract  between  the  United  States  and 
the  district. 

Change  in  district  boundaries. 

Sec.  8.  Where  contract  shall  have  been  entered  into  between  the 
United  States  and  any  irrigation  district  the  district  shall  not  be 
dissolved,  nor  shall  the  boundaries  be  changed,  except  upon  written 
consent  of  the  secretary  of  the  interior  filed  with  the  otficial  records  of 
the  district.  If  such  consent  be  given  and  lands  be  excluded,  the  areas 
excluded  .shall  be  free  from  all  liens  and  charges  for  payments  to  become 
due  to  the  United  States. 

Saving  clause. 

Sec.  9.  Tlie  provisions  of  the  general  irrigation  district  act, 
approved  ilarch  31,  1897,  and  acts  amendatory  thereof  or  supplemental 
thereto,  sliall  be  and  remain  in  force  as  regards  irrigation  districts  in 
this  act  referred  to  except  in  so  far  as  herein  modified  expressly  or  by 
necessary  implication ;  and  nothing  in  this  act  shall  be  so  construed  as 
to  affect  irrigation  district  operations  not  related  to  cooperation  with 
the  United  States.  However,  the  provisions  of  section  fifty-three^  of 
said  act,  approved  March  31,  1897,  shall  not  apply  in  case  of  any  con- 
tract between  an  irrigation  district  and  the  United  States. 

*See  page  53  hereof. 


I'll  '  CAI,II''i)KNiA    lUKKiATION    DrSTRIfT    LAWS. 

DAMS,  SUPERVISION  OF. 

An  act  to  appropriaic  manctj  to  be  expended  bij  and  under  the  direc- 
tion of  the  department  of  enginoering  for  the  purpose  of  rectifying 
and  improving  the  channels  of  the  Sacramento,  San  Joaquin  and 
Feather  rirers  and  such  other  waters  of  the  state  as  the  department 
of  engineering  may  determine;  improving  the  navigahdity  of  such 
UHiters  and  acquiring  land  for  necessary  rights  of  iray  therefor; 
making  surveys,  investigations  and  report  upon  the  feasibility  of 
canalizing  the  rivers  of  the  state  and  constructi^ig  canals  for  navi- 
gation, and  mahing  surveys,  investigations  and  plans  for  flood 
control;  the  examination  and  supervision  of  dams;  the  investiga- 
tion of  rainfall,  snowfall  and  runoff  affecting  navigation  and  flood 
control;  and  giving  the  department  of  engineering  anthority  over 
dams,  making  it  unlawful  to  construct  or  maintain  datns  in  a 
dangerous  condition  and  providing  penalties  for  violations  of  the 
act  and  directing  who  shall  prosecute  such  violations. 

(Approved  May  14,   1917;   Stats.  1917,  p.  516.) 

Sec.  2.  (a)  All  dams  in  the  State  of  California,  other  than  those 
for  impounding'  mining  debris  constructed  under  the  authority  of  the 
California  debris  commission,  or  danLs  constructed  by  a  trmnicipal  cor- 
poration maintaining:  a  department  of  engineering,  shall  he  under  the 
authority  of  the  state  department  of  engineering,  and  the  department 
shall  exercise  supervision  over  any  dam,  the  failure  of  which  would 
endanger  life  or  property,  and  shall  have  power  to  prescribe  and  enforce 
compliance  with  measures  for  making  .such  dams  safe  against  failure; 
provided,  that  this  section  shall  not  apply  to  any  dam  which  is  part  of 
a  "water  system"  as  defined  in  section  two  of  the  public  utilities  act 
of  this  state,  and  nothing  in  this  act  shall  be  construed  to  limit  the 
jurisdiction  of  the  railroad  commission  over  such  dams. 

(b)  It  shall  be  unlawful  for  any  person,  firm,  corporation  or  district 
to  con.struct,  maintain  or  operate  any  dam  known  to  be  unsafe,  or 
\\iiich  if  the  destruction  or  failure  thereof  would  endanger  life  or 
property;  or  to  construct,  reconsti-uct,  repair  or  improve,  maintain  or 
ojierate  any  dam  which  is  or  would  be  ten  feet  or  more  in  height  or 
which  will  impound  water  or  otlier  fluid  to  the  amount  of  three  million 
gallons  unless  the  plans,  specifications  and  con.struction  thereof  shall 
have  been  approved  in  writing  by  the  state  department  of  engineering. 

(e)  Any  person,  firm,  corporation  or  district  who  shall  violate  the 
provisions  of  this  section  is  subject  to  a  penalty  of  not  less  than  five 
hundred  nor  more  than  two  thousand  dollars  for  each  and  every 
offense.  Each  day  that  such  violation  of  the  provisions  of  this  section 
shall  continue  shall  be  deemed  and  considered  a  separate  and  distinct 
offense. 

(d)  Any  person  acting  for  himself  as  owner,  or  as  director,  officer, 
agent  or  employee  of  any  firm,  corporation  or  district  engaged  in  the 
construction,  reconstruction,  improvement  or  repair  of  any  dam,  the 
plans  and  specifications  of  which  have  been  approved  by  the  depart- 
ment of  engineering,  or  any  contractor,  or  agent  or  employee  of  such 
contractor,  who  shall  knowingly  jjcrmit  work  to  be  executed  thereon 
contrary  to  the  jjlaus  and  specifications  approved  as  aforesaid,  or  any 


califorKu  irrigatiox  district  laws.  97 

inspector  or  employee  of  tbe  department  of  engineering  who  shall 
have  knowledge  of  such  work  being  done  and  fail  to  immediately  notify 
the  department  of  engineering  thereof,  is  guilty  of  a  felony  and  subject 
to  the  penalty  of  confinement  in  the  state  penitentiar>'  for  not  less 
than  one  nor  more  than  five  years. 

(e)  Upon  the  complaint  of  the  department  of  engineering  any  dis- 
trict attorney  is  hereby  authorized  and  directed  to  prosecute  violations 
of  the  provisions  of  this  section. 


7— 2796S 


d8'  CALIFORNIA    IliUHiATIOX    DISTRICT    I.AWR. 


VOLUNTARY  DISSOLUTION  OF  DISTRICT.' 

An  act  to  provide  for  the  (lissoiutiun  of  Irrij/alion.  districts,  the  ascer- 
tainment and  dischar<io  of  their  indebtedness,  O/nd  the  distrihution 
of  their  propertij. 

(Approved    February    10.    1903,    Stnts.    1903.    p.    S.     Amenaed    11I09,    p.     139;     1911, 
Ex.   Sess.  :11S;   1913:39;    1915:859.) 

District  may  dissolve. 

Section  1.  Any  irrigation  district  organized  under  the  provisions 
of  an  act  entitled  "An  act  to  provide  for  the  organization  and  govern- 
ment of  irrigation  districts,  and  to  provide  for  the  aeqnisition  of  water 
and  other  property,  and  for  the  distribution  of  water  tliereby  for  irri- 
gation purposes,"  approved  March  7,  1887,  and  all  acts  supplementary 
thereto  or  amendatory  thereof,  including  an  act  entitled  "An  act  to 
provide  for  the  organization  and  government  of  irrigation  districts, 
and  to  provide  for  the  acquisition  or  eonstruction  thero'hy  of  works 
for  the  irrigation  of  lands  emln-aced  within  such  districts,  and  also, 
to  provide  for  the  distriluition  of  water  for  irrigation  purposes," 
approved  March  31,  ]8!)7,  may  be  dissolved  in  the  manner  hereinafter 
provided;  provided,  that  in  case  a  contract  authorized  by  law  lias  been 
made  between  the  district  and  the  United  fStates  for  the  construction, 
operation  and  maintenance  of  the  necessary  works  for  the  delivery  of 
water  or  for  a  water  sujiply,  no  such  di.strict  shall  be  dissolved  and  no 
jiroceedings  entertained  l\v  any  court  or  otherwise  looking  to  the  dis- 
solution of  such  district,  until  the  written  assent  of  the  secretary  of  the 
interior  be  given  to  such  dissolution.     (Stats.  1915,  p.  8.59.) 

Petition. 

Sec.  2.  A  majority  in  number  of  the  holders  of  title,  nr  evidence  of 
title,  to  real  property  in  any  irrigation  district,  and  a  ma.iorily  in  value 
of  said  property  according  to  the  equalized  assessment  roll  of  said 
district  for  the  year  last  preceding  upon  which  any  assessment  has 
been  made,  may  propose  the  dissolution  of  said  district  by  a  petition 
signed  by  such  majority,  which  petition  shall  set  forth  the  amount  of 
the  outstanding  bonds,  coupons,  and  other  indebtedness,  if  such  there 
be,  together  with  a  general  description  of  the  same,  and  the  holders, 
so  far  as  known,  showing  the  amount  of  each  description  of  indebted- 
ness and  the  ownership,  so  far  as  known,  of  the  same.  Also  the  esti- 
mated cost  of  the  dissolution  of  said  di.strict.  Said  petition  shall  also 
state  the  assets  of  said  district,  iucludiug  irrigation  system,  if  any, 
dams,  reservoirs,  canals,  franchises,  water  rights,  a  detailed  statement 
of  all  the  lands  sold  to  the  district  for  assessments,  and  the  amount  of 
the  assessments  on  each  parcel  of  land  sold,  also  all  assessments  unpaid, 
and  the  amount  upon  each  lot  or  tract  of  land,  and  all  other  assets  of 
the  district ;  and  in  case  any  proposition  has  been  made  by  the  holders 
of  said  indebtedness  to  settle  the  same,  said  proposition,  together  with 
any  plan  proposed  to  carry  the  same  into  execution,  shall  be  included 
in  said  petition. 

EsconilUlo  Mnt.  Water  Co.  vs.  Esconilido,  169  Cal.  774  ; 
Byington  vs.  Sac.  Valley  Westside  Canal  Company,  170  Cal.  124. 

•Sale  or  lease  and  operation  of  canal  and  works  of  dissolved  district. 


CALIFORNIA    IRRIflATION    DISTRICT    LAWS.  99 

Sfx;.  2i.  (Added,  Stats.  1911,  Ex.  Soss.,  p.  118;  orobablv  super- 
seded by  See.  23.  added  Stats.  191.S,  p.  :]9.) 

Election. 

Sec.  2a.  In  ease  an  irrii^atiou  district  lias  uo  indebtedness  not 
barred  by  the  statute  of  limitations  and  no  assets  and  has  ceased  to  be 
a  going  concern  and  has  no  irrigation  system  by  which  it  conveys  water 
for  irrigation  or  domestic  purposes  to  any  of  the  residents  of  such 
district,  the  petition  for  dissolution  mentioned  in  section  two  of  said 
act  shall  contain  statements  showing  such  facts  and  also  that  it  is  the 
desire  of  the  signers  of  such  petition  to  have  said  district  dissolved,  and 
such  petition  need  not  contain  any  other  statement  or  allegation,  and 
such  petition  need  only  be  signed  by  two-thirds  of  the  qualified  electors 
residing  in  such  di.strict,  and  by  the  holdei-s  of  title  or  evidence  of  title 
representing  at  least  fifty  per  cent  of  the  acreage  within  said  district 
and  not  less  than  fifty  per  cent  in  value  of  all  lands  lying  within  the 
exterior  boundaries  of  said  district,  the  value  of  said  lands  to  be 
determined  by  the  last  equalized  as.sessment  roll  of  said  district,  and 
such  petition  so  signed  and  containing  such  statements  and  allegations 
shall  be  sufficient.  In  such  case  the  plan  of  dissolution  referred  to  in 
section  three  of  said  act  may  be  entirely  omitted  and  it  shall  not  be 
necessary  for  the  petitioners  or  per.sons  signing  such  petition,  or  for  the 
board  of  directors  of  such  district  to  propose  any  plan  for  the  dissolu- 
tion of  such  district  or  any  ])lan  for  the  liiiuidation  of  its  indebtedness 
or  the  distribution  of  its  assets;  proridid.  that  the  petition  shall  further 
recite  the  fact  that  an  apjilication  will  be  made  to  the  superior  court 
of  the  State  of  California  in  and  for  the  county  in  wliich  the  office  of 
the  board  of  directors  of  .such  district  is  required  to  be  kept,  for  a  decree 
of  dissolution  of  said  district  under  the  provisions  of  said  act.  And  in 
the  case  mentioned  in  this  section,  it  shall  not  be  necessai'y  to  obtain 
the  assent  of  any  holder  of  any  indebtedness  or  evidence  of  indebted- 
ness of  said  district  barred  by  any  statute  of  limitations  of  this  state 
before  the  election  provided  for  in  said  .section  three,  shall  be  called. 
Upon  the  filing  of  said  petition  with  the  board  of  directors  of  said  dis- 
trict said  board  shall  call  a  special  election  at  which  shall  be  submitted 
to  the  electors  of  such  district  the  question  whether  or  not  said  district 
shall  be  dissolved.  Notice  of  such  election  must  be  given  by  posting 
notices  in  three  public  places  in  each  election  precinct  in  said  district 
for  at  least  twenty  days  and  also  by  publication  of  such  notice  in  some 
newspaper  jniblished  in  the  coanty  where  the  office  of  the  board  of 
directors  is  required  to  be  kept,  once  a  week  for  at  least  three  successive 
weeks  before  such  election.  Such  notices  must  specify  the  time  of 
holding  the  election,  and  the  fact  that  it  is  proposed  to  dissolve  the 
district.  Said  election  must  be  held  and  the  result  thereof  determined 
and  declared  in  all  respects  as  nearly  as  practicable  in  conformity  with 
provisions  of  law  governing  the  election  of  officers  in  irrigation  districts. 
At  such  election  the  ballot  shall  contain  the  words  "Dissolution  of  the 
district — Yes"  or  "Dissolution  of  the  district — No,"  or  words  equiva- 
lent thereto.  It  shall  not  be  necessary  in  winding  up  the  affairs  of 
any  district  organized  under  the  laws  of  this  state  to  iwy  all  or  any 
portion  of  any  debt  or  obligation  of  such  district,  for  the  enPorcement 
of  which  debt  or  obligation  a  suit  is  bari-ed  by  the  laws  of  this  state,  nor 
to   pay   any   bond,   coupon,   warrant  or   other   indebtedness,    claim   or 


100  C'M.IFOKNIA    IKKKIATIOX    DISTRICT    LAWS. 

demand  which  shall  be  barred  by  the  laws  of  this  state  prior  to  the 
filing  of  the  petition  for  dissolution  with  the  hoard  of  directors  of  such 
district.     (Stats.  19i;^,  p.  :?!).) 

Dissolution  of  district. 

Sec.  3.  Upon  tlie  filing  of  said  petition  with  the  board  of  directors 
of  said  district  said  board  sliall  call  a  special  election,  at  Avhich  shall  be 
submitted  to  the  electors  of  such  district  the  question  wliether  or  not 
said  district  shall  be  dissolved,  its  indebtedness  liquidnt(>d,  and  its 
assets  distributed  in  accordance  with  the  plan  so  jjroposed,  or  in  case 
no  plan  has  been  proposed,  then  in  accordance  with  a  i)lan  which  shall 
be  proposed  by  said  board  of  directors  in  the  notice  of  the  election,  but 
no  such  election  shall  be  called  until  the  assent  of  all  the  known  holders 
of  valid  indebtedness  against  the  district  shall  be  obtained  or  provision 
shall  be  made  in  said  plan  for  the  payment  of  such  nonasseuting 
holders.  Notice  of  such  election  must  be  given  by  posting  notices  in 
three  public  places  in  each  election  precinct  in  said  district  for  at  least 
twenty  days,  and  also  by  jmblication  of  such  notice  in  some  newspaper 
published  in  the  county  wliere  the  office  of  the  board  of  directors  is 
required  to  be  kept,  once  a  week  for  at  least  three  successive  weeks 
before  such  election.  Such  notices  must  specify  the  time  of  holding  the 
election,  the  fact  that  it  is  proposed  to  dissolve  the  district,  and  a  brief 
summary  of  the  plan  proposed  for  liquidating  its  indebtedness  and 
disposing  of  its  assets.  Said  election  shall  be  held  and  the  result 
thereof  determined  and  declared  in  all  respects  as  nearly  as  practicable 
in  conformity  with  the  provisions  governing  the  election  of  officers  in 
irrigation  districts.  At  such  election  the  ballot  shall  contain  the  words 
"Dissolution  of  the  district — Yes,"  or  "Dissolution  of  tlie  district — 
No,"  or  woi'ds  equivalent  thereto. 

Action  in  superior  court. 

Sec.  4.  In  case  upon  such  canvass  it  is  found  and  declared  by  said 
board  of  directors  that  twio-thirds  of  the  votes  east  at  such  election  shall 
he  east  in  favor  of  "Dissolution  of  the  district — Yes."  then  the  said 
hoard  of  directors  shall  file. a  petition  in  the  superior  court  of  the 
county  wherein  is  located  the  ofifice  of  such  board  to  determine  the 
validity  of  the  proceedings  had  and  of  the  proposed  plan  for  the  dis- 
solution of  said  district.  Such  action  shall  be  in  the  nature  of  a  pro- 
ceeding in  rem,  and  jurisdiction  of  all  parties  interested  may  be  had 
by  publication  of  a  notice  of  the  pendency  of  the  proceeding  for  at 
least  onee  a  week  for  three  weeks  in  some  paper  of  general  circulation 
published  in  the  count.v  where  the  action  is  pending;  provided,  that 
if  the  property  of  the  district  is  situate  in  more  than  one  county  then 
the  publication  shall  be  made  in  one  paper  in  each  countv  wlierein  the 
same  is  situate,  such  jiapcr  or  papers  to  be  designated  l)y  the  court 
having  .iurisdiction  of  the  proceeding;  .jurisdiction  shall  be  complete  in 
thirty  days  after  the  completion  of  .such  notice  in  the  manner  herein 
provided.  Anyone  interested  may  at  any  time  before  the  expiration  of 
said  tliirty  days  appear  and  contest  the  validity  of  the  proceedings 
already  had  and  of  the  plan  proposed  for  the  dis.solution  of  said  district, 
or  any  portion  thereof,  including  the  validity  of  any  portion  of  the 
indebtedness  set  out  in  said  petition,  and  the  court  may  determine  the 


CALIJ-OKNTA    IRRIGATION   DISTRICT    LAWS.  101 

validity  of  any  sales  for  assessments,  and  may  determino  t!ie  amount  of 
any  assessment  or  assessments  due  upon  the  various  pareels  and  lots 
of  real  estate  within  said  district,  and  may  determine  tlie  amount  of 
any  assessment  or  assessments  theretofore  paid  upon  the  various  parcels 
and  lots  of  real  estate  therein,  and  may  in  said  proceeding  adjust  and 
determine  the  rights  and  liabilities  of  all  parties.  Suet  action  shall  be 
speedily  tried  and  judgment  rendered.  Either  party  shall  have  the 
right  to  appeal  at  any  time  within  thirty'  days  after  the  entering  of 
.such  judgment,  and  the  appeal  must  be  heard  and  determined  within 
three  months  after  the  taking  of  such  appeal. 

Procedural  rules. 

Sec.  5.  Said  petition  to  the  superior  court  shall  set  forth  the  facts 
required  to  be  set  forth  in  the  petition  to  the  board  of  directors  and  all 
the  proceedings  therein,  and  at  the  hearing  the  court  shall  hear  and 
determine  the  regularity,  legality,  and  correctness  of  all  proceedings, 
and  in  doing  so  shall  disregard  any  error,  irregularity,  or  omission 
which  does  not  affect  the  substantial  rights  of  the  parties.  The  rules 
of  pleading  and  practice  in  the  Code  of  Civil  Procedure  not  incon- 
sistent with  the  provisions  of  this  act  are  made  applicable  to  the  pro- 
ceeding herein  provided.  The  cost  of  any  contest  may  be  allowed  and 
proportioned  between  the  pai'ties  or  taxed  to  the  losing  pai'ty  in  the 
discretion  of  the  court.  a7id  no  contest  of  any  matter  or  thing  herein 
provided  for  shall  be  made  other  than  in  the  time  and  manner  herein 
speeiiied. 

Assessment  payer  may  bring  action. 

Sec.  G.  If  no  such  proceeding  shall  have  been  filed  by  the  board  of 
directors  within  thirty  days  after  the  canvass  of  said  vote,  then  any 
district  assessment  payer  may  bring  an  action  in  the  superior  court  of 
the  county  wherein  the  office  of  the  board  of  directors  is  located.  The 
board  of  directors  shall  be  made  parties  defendant  and  notice  shall  be 
served  on  the  members  of  the  board  personally,  if  they  can  be  found 
in  the  state,  if  not,  then  service  by  publication  as  provided  in  section 
4,  shall  be  sufficient.  Proceedings  shall  lie  had  in  the  same  manner 
and  with  the  same  effect  as  if  brought  by  the  board  of  directors. 

Corporation  may  be  organized  to  take  over  property. 

Sec.  7.  A  corporation  may  be  organized  under  general  laws  for 
the  purpose  of  acquiring  the  assets  of  said  district,  including  the  irri- 
gation system,  if  any,  dams,  reservoirs,  canals,  franchises  and  water 
rights,  which  corporation  shall  have  all  the  powers,  rights  and 
franchises  of  corporate  bodies  organized  under  general  laws,  and  in 
addition  shall  have  such  further  jiowers  as  may  be  necessary  to  possess 
and  carry  on  said  irrigation  system  and  exercise  such  franchise  and 
water  rights. 

Discharge  of  debts  and  distribution  of  assets. 

Sec.  8.  The  court  in  its  decree  shall  have  power  to  make  the  orders 
necessary  to  carry  out  said  proposition  for  the  discharge  of  the  indebt- 
edness and  di.stribution  of  the  property  of  said  district,  including  the 
right  to  apportion  any  indebtedness  found  due,  and  to  declare  said 


102  CALIFORNIA    IKKKJATION    DISTRICT   LAWS. 

portions  liens  upon  the  various  parcels  and  lots  of  land  within  the 
district,  and  may  decree  a  sale  of  its  assets  in  such  inann(>r  as  may 
effectuate  said  proposition  and  as  the  said  court  may  judije  l)est,  either 
ill  one  lot  or  in  such  parcels  as  may  lie  jirovided.  and  may  provide  for 
conveyance  of  said  irrigation  system,  includins'  dams,  reservoirs,  canals, 
franchises  and  water  rights,  and  also  of  any  other  assets  of  the  district, 
including  lands  sold  thereto  and  the  assessments  due  it. 

Assessment  liens. 

Sec.  9.  The  amounts  of  any  assessment  or  assessments  found  due 
upon  the  various  parcels  and  lots  of  real  estate  within  said  district,  and 
the  amounts  for  which  sales  have  been  made,  which  sales  have  been 
determined  to  be  valid  by  said  court,  together  with  legal  interest  from 
the  date  of  said  sales  and  from  the  time  when  said  assessments  become 
delinquent,  shall  be  liens  respectively  on  the  lots  and  parcels  affected 
thereby,  and  the  purchaser  or  purcliasers  at  said  sale  may  foreclose  the 
same  by  action  in  the  superior  court,  and  shall  in  said  action  join  all 
lots,  assessments,  and  sales  which  may  have  been  jnirchased  by  him 
and  which  remain  unredeemed.  A  redemption  may  be  made  at  any 
time  by  payment  of  the  amount  due  to  the  clerk  of  the  court  for  the 
use  of  the  district  if  before  sale,  and  for  the  use  of  the  purchaser  if 
after  sale,  and  the  clerk  sliall  tlien'upon  enter  a  minute  of  said  pay- 
ment, which  payment  shall  tie  in  the  dischiirgi'  nf  said  lien.  Redemp- 
tion from  the  lien  created  fm-  any  purtii  n  of  the  indebtedness  can  be 
had  in  this  manner. 

Balance  of  funds  apportioned. 

Sec.  10.  ^Yhenever  all  the  jiroperty  of  siieh  irrigation  district  shall 
have  been  disposed  of,  and  all  llie  indebtedness  and  obligations  thereof, 
if  any  there  be,  sliall  have  been  discharged,  the  Ijalance  of  tlie  money 
of  said  district  shall  be  distributed  to  the  assessment  payers  in  said 
district  upon  the  last  assessment-roll  in  the  proportion  in  which  each 
has  contributed  to  the  total  amount  of  said  assessment,  and  the  court 
shall  enter  a  final  decree  declaring  said  district  to  be  dissolved. 

Debts  barred  by  statute  of  limitations. 

Sec.  10|.  In  the  petition  mentioned  in  section  2  of  this  act  it  shall 
not  be  necessary  to  include  in  the  schedule  of  indebtedness  any  bond, 
coupon,  warrant  or  other  indebtedness,  claim  or  demand  which  shall 
have  been  barred  by  the  laws  of  this  state  jirior  to  the  filing  of  said 
petition  with  the  board  of  directors  of  said  irrigation  district,  nor  shall 
it  be  necessary  in  winding  up  the  affairs  of  any  district  organized 
under  the  laws  of  this  state  to  pay  all  or  any  portion  of  a  debt  or 
obligation  of  such  district,  for  the  enforcement  of  which  debt  or  obliga- 
tion a  suit  is  barred  bv  the  laws  of  this  state.  (New  section  approved 
March  3,  1909.     Stats."  1909,  p.  139.) 

Sec.  11.     This  act  .shall  take  eifect  immediatelv. 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  103 

INVOLUNTARY  DISSOLUTION  OF  DISTRICT.' 

An,  act  declariiif/  the  c(in(lilioiL<i  upon,  irhick  an  irrigation  district  mat/ 
be  ch'ssolvecl,  prcscrlhing  the  procedure  therefor,  and  the  winding 
■up  of  the  affairs  of  the  district  irhen  dissolved. 

(Approved  May  19,   1910;    St.its.  1919,  p.   751.) 
Conditions  for. 

Section  1.  Any  irrioatioii  distriet  orgaiiized  uiulcr  any  of  tlie  laws 
iif  the  State  (if  Califoriiia,  providinu'  for  the  organization  of  irrigation 
districts,  which 

(a^  Has  been  organized  more  tlian  three  years  and  has  failed  and 
neglected  to  secure  an  adeciuate  water  supply  and  which  does  not  have 
a  reasonable  prospect  of  securing  an  adequate  water  supply  for  the 
lands  of  the  district,  and  has  failed  and  neglected  to  obtain  the 
approval  of  the  state  water  commission  of  the  water  supply  of  said 
district  and  has  failed  and  neglected  to  obtain  tlie  approval  of  the 
state  engineer  of  the  plans  of  said  district,  and  has  failed  and  neglected 
to  construct  or  acquire  a  system  of  works  or  the  financing  thereof,  and 
lias  failed  and  neglected  to  obtain  the  approval  of  the  irrigation  district 
bond  commission ;  or 

(h)  Has  been  organized  for  more  tlian  ten  years  and  for  more  than 
liA'c  >-ears  after  the  con.struction  or  acquisition  of  a  system  of  works  has 
failed  and  neglected  to  maintain  snch  works,  (u-  for  five  years  or  more 
after  such  works  have  been  constructed  or  accpiired  has  failed  and 
neglected  to  supply  or  make  available,  water  for  the  irrigation  of  more 
than  ten  \n'v  cent  of  the  lands  of  the  district ; 

Ma.y  be  dissolved  and  annulled  by  the  superior  court  of  the  county 
ill  which  said  district  is  located  by  proceedings  in  an  action  brought  by 
the  attorney  general  in  the  name  of  the  people  of  the  State  of  Cali- 
fornia, upon  his  own  information.  Before  such  an  action  can  be  com- 
menced in  the  courts  the  attorney  general  shall  publish  for  two  con- 
secutive weeks  in  some  newspaper  published  in  the  county  in  which 
the  greater  portion  of  the  district  is  located,  a  notice  to  all  parties  in 
interest  that  it  is  his  intention  to  begin  such  action  for  the  dissolution 
of  said  district.  The  rules  of  pleading  and  practice  in  the  Code  of 
Civil  Procedure  not  inconsistent  with  the  provisions  of  this  act  are 
made  applicable  to  the  proceedings  herein  provided. 

Investigation  by  state  engineer. 

Sec.  2.  Before  the  trial  of  the  ease  the  court  may  direct  the  state 
engineer  to  investigate  all  the  affairs  of  said  district ;  the  water  supply 
that  may  be  obtained  without  prohibitive  cost ;  the  feasibility  and  prac- 
ticability of  irrigating  all  or  a  reasonable  amount  of  the  lands  of  said 
district ;  and  all  other  matters  which  the  court  may  direct,  or  the  state 
engineer  may  deem  pertinent  as  affecting  the  possible  success  or  failure 


■As  to  quo  warranto  proceedings  under  Sec.  803,  Code  of  Civil  Procedure,  see: 
People  V.S.  Sclma  Jrr.  Dlst.,  98  Cal.  206  ; 
People  vs.  Jefferds.  126  Cal.  29G  ; 
Peoi>le  vs.  Perris  Irr.  Dist..  132  Cal.  289: 
Byington  vs.  Sac.  Valley  Westside  Canal  Company,  170  Cal.  124. 


104  CALIFORNIA    IKEIGATION    DISTRICT    LAWS. 

of  the  district  as  an  irriyatidii  enterprise  and  wliieli  may  lie  necessary 
to  enable  the  court  to  determine  the  question  of  dissohition. 

For  the  purpose  of  making  such  investigation,  tlie  state  engineer  shall 
have  access  to  all  the  records  of  the  district,  and  all  officers  and 
employees  and  other  persons  in  any  manner  connected  with  or 
emploj'ed  by  said  district  sliall  furnish  such  information  as  he  may 
require  which  has  already  been  obtained  or  determined,  including 
maps,  plans,  estimates,  field  notes,  and  other  data. 

The  state  engineer  shall  report  his  findings  and  conclusions  to  the 
superior  court  as  soon  as  practicable,  but  within  ninety  days  unless  a 
longer  time  be  granted  him  by  the  court,  but  in  no  case  to  extend 
beyond  the  period  of  one  hundred  eighty  days  in  all. 

Dissolution  and  disposition  of  property. 

Sec.  3.  Upon  final  judgment  of  dissolution  in  such  action,  the  dis- 
trict in  question  shall  be  deemed  dissolved  and  annulled.  The  court 
shall  determine  the  amount  of  indebtedness  outstanding  against  said 
district,  including  the  costs  of  the  court  action  herein  provided  for,  and 
thereafter  the  appropriate  county  officers  shall  act  a.s  ex  officio  officers 
of  the  district ;  the  records  and  papers  of  every  kind  belonging  to  the 
district  shall  be  turned  over  to  the  proper  county  officers.  The  county 
treasurer  shall  perform  the  duties  of  the  district  treasurer;  the  county 
tax  collector  shall  itei-form  the  duties  of  the  district  tax  collector;  the 
county  assessor  shall  perform  the  duties  of  the  district  assessor;  the 
county  clei'k  shall  perform  the  duties  of  the  secretary  of  the  board  of 
directors;  the  board  of  supervisors  shall  perform  the  duties  of  the 
b(}ard  of  directors;  they  shall  proceed  to  levy  and  collect  such  addi- 
tional taxes  as  may  be  necessary  upon  the  lands  embraced  within  such 
district  in  the  same  manner  and  with  the  same  procedure  for  non- 
payment that  county  taxes  are  levied  and  collected  for  the  purpose  of 
paying  such  outstanding  indebtedness  not  provided  for  by  previous 
assessments.  All  property  of  evei-y  kind  belonging  to  the  district, 
including  lands  sold  to  the  district  for  taxes,  shall  be  sold  as  the  court 
may  direct  and  the  proceeds  together  with  all  money  on  hand  shall  be 
used  to  pay  off  the  indebtedness.  All  funds  remaining  after  all  out- 
standing indebtedness  has  been  paid  shall  be  apportioned  and  be  paid 
to  the  assessment  j^ayers  according  to  the  last  assessment  roll. 

Outstanding  indebtedness  no  bar  to  dissolution. 

Sec.  4.  The  outstanding  indebtedness,  whether  of  bonds,  warrants, 
or  otherwise,  of  any  irrigation  district  shall  not  operate  as  a  bar  to 
dissolution  by  the  superior  court  when  provision  is  made  for  the  pay- 
ment of  such  indebtedness  in  the  manner  provided  in  section  three  of 
this  act. 

Alternative  method. 

Sec.  5.  This  act  is  designed  to  provide  an  alternative  method  for 
the  dissolution  of  irrigation  districts  and  shall  not  be  deemed  to  repeal 
any  other  statute  or  statutes. 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  105 

DRAINAGE. 

Ah  act  to  provide  for  drainage  by  irrigation  districts. 

CApprovecl  Alarch  IS,  1907;  Stats.  1907,  p.  569.) 

District  may  provide  drainage. 

Section  1.  Any  irrigation  district  heretofore  organized  or  hereafter 
to  be  organized  under  the  law.s  relating  to  such  districts  may  provide 
for  any  and  all  drainage  made  necessary  by  the  irrigation  provided 
for  by  .such  laws;  and  the  officers,  agents  and  employees  of  such  dis- 
tricts shall  have  the  same  powers,  duties  and  liabilities  respecting  such 
drainage,  and  the  constiiietion,  repair,  maintenance,  management  and 
control  thereof  as  they  now  have  or  may  hereafter  have  respecting  such 
irrigation,  and  all  laws  respecting  such  irrigation  or  such  irrigation 
districts  shall  be  so  construed,  applied  and  enforced  as  to  apply  to  such 
drainage  as  well  as  such  irrigation. 

Duty  of  directors  to  provide  drainage. 

Sec.  2.  Whenever  it  appears  necessary,  or  proper,  or  beneficial  to 
the  lands  affected  therebv,  to  drain  such  lands  or  any  portion  thereof 
on  account  of  the  irrigation  which  has  been  done,  or  which  is  intended 
to  be  done  under  such  laws,  whether  for  the  purpose  of  more  benefic- 
ially carrying  on  .such  irrigation,  or  to  protect  such  districts  from 
liability  by  reason  of  su('h  irrigation,  wliether  the  irrigation  works  have 
already  been  constructed  or  not,  it  shall  be  the  duty  of  the  board  of 
directors  to  provide  for  .sueh  drainage,  and  said  board  and  its  officers, 
agents  and  employees  shall  do  all  necessary  and  proper  acts  for  the 
construction,  repair,  maintenance  and  management  of  drainage  work 
for  such  purpose. 

Effective,  when. 

Sec.  3.     This  act  shall  take  effect  immediately. 


106  CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 

ELECTRICAL  POWER,  DEVELOPMENT  OF. 

An  act  to  provide  for  ilic  dordopment  of  electrical  poicer  hy  irrigation 

districts. 

(Approved    May    21,    1019,    Stats.    1919,    p.    778;    amended   1921,   pp.    S29,    10S3 ;    1923, 

p.    629.) 

Irrigation  district  may  develop  power. 

Section  1.  Any  iiTigation  district  heretofore  organized  or  hereafter 
to  be  organized  under  the  laws  relating  to  such  district  may  provide 
for  the  construction,  acquisition,  operation,  leasing  and  control  of  plants 
for  the  generation,  distribution,  sale  and  lease  of  electrical  energy 
including  sale  to  municipalities,  corporations,  public  utility  districts, 
or  individuals,  of  electrical  power  so  generated;  and  said  district,  sub- 
ject, however,  to  the  conditions  in  this  section  contained,  may  malie 
special  appropriations  of  water  for  power  purposes,  as  required  by  law ; 
provided,  however,  that  any  use  of  water  for  generating  such  electrical 
power  or  energy  at  any  given  time  of  the  year,  which  use  is  in  excess  of 
the  water  appropriated  and  beneficially  used  for  irrigation  purposes  by 
such  district  at  said  period  of  tlie  year,  .shall  be  .suliject  to  all  prior 
existing  appropriations  by  any  municipal  corporation,  wlio  or  wliich  is 
proceeding  in  good  faitli  in  the  expenditure  of  money  nud  the  construc- 
tion of  works  designed  to  divert  the  water  appropriated..  The  officers, 
agents  and  employees  of  such  districts  shall  have  the  same  powers, 
duties  and  liabilities  respecting  such  power  and  the  eonstruetion, 
acquisition,  I'epair,  maintenance,  management  and  control  thereof  as 
they  now  have  or  may  hereafter  have  respecting  such  irrigation  or  such 
irrigation  districts.  The  California  irrigation  district  act  shall  be  so 
construed,  applied  and  enforced  as  to  apply  to  such  power  as  well  as 
such  irrigation,  except  that  nothing  iu  said  act  shall  be  so  construed  as 
to  prevent  the  sale  of  power  by  any  district  for  use  outside  of  the 
boundaries  of  such  district  or  to  require  the  distribution  of  such  power 
in  accordance  with  any  assessments  levied  by  such  district.  (Stats. 
1923,  p.  629.) 

Powers  of  board  and  officers. 

Sec.  2.  The  board  of  directors  of  any  irrigation  district  and  its 
officers,  agents  and  employees,  shall  do  all  necessary  and  proper  acts 
for  the  construction,  repair,  maintenance,  and  management  of  such 
electrical  power  works  for  such  purposes. 

Issuance  of  bonds. 

Sec.  3  In  case  funds  are  not  otlierwise  available  an  irrigation  dis- 
trict may  issue  bonds  for  such  purpose  and  all  of  the  provisions  of  the 
California  irrigation  district  act.  relating  to  the  issuance  of  bonds  for 
other  purposes,  and  all  other  acts  relative  to  bonds  issued  under  the 
California  in-igation  district  act,  in  so  far  as  the  same  are  applicable 
to  said  bonds  shall  apply.     (Stats.  1921',  p.  829.) 

Repeal. 

Sec.  4.  All  acts  or  parts  of  acts  in  conflict  with  any  of  tlie  pro- 
visions of  this  act  are  hereby  repealed. 


CALIFORNIA    IRRIGATION    DISTRICT    LAWS.  107 

RIGHTS  OF  WAY  FOR  POWER  LINES. 

An  act  granting  to  irrigation  districts  of  the  State  of  California  the 
right  to  coiuitruct,  operate  and-  inaintain  electric  light  and  poiver 
lines  along  or  vpon  any  road,  street,  alley,  avemte  or  highway,  or 
across  any  railway,  canal,  ditch  or  flume. 

■    (Approved  May  25,  1923.) 

Section  I.  Tliat  there  is  granted  to  every  irrigation  district  of  the 
State  of  California  the  right  to  construct,  operate  and  maintain  electric 
light  and  electric  power  lines  along  or  upon  any  road,  street,  alley, 
avenue  or  highway,  or  across  any  railway,  canal,  ditch  or  flume  which 
the  route  of  such  work  intersects,  crosses  or  runs  along  in  such  manner 
as  to  afford  security  for  life  and  property,  but  the  irrigation  district 
shall  restore  the  road,  street,  alley,  avenue,  highwa}',  railway,  canal, 
ditch  or  i^ume  thus  intersected  to  its  former  state  of  usefulness  as  near 
as  may  be;  provided,  hoirever.  that  such  irrigation  district  may  not  use 
any  street,  alley,  avenue  or  highway  within  any  city  for  such  purpose, 
unless  the  right  so  to  use  the  same  is  granted  by  a  vote  of  the  governing 
body  of  such  city  which  shall  have  the  right  to  impose  reasonable  condi- 
tions upon  such  use;  provided,  also,  that  such  grant  of  authority  shall 
not  be  necessary  in  any  case  where  the  street,  alley,  avenue  or  highway, 
or  a  portion  thereof,  proposed  to  be  used  for  the  purpose  of  construct- 
ing, operating  or  maintaining  any  such  works,  or  any  part  thereof,  is  a 
necessary  or  convenient  part  of  the  route  of  such  works  and  at  the  time 
construction  thereof  was  commenced,  or  the  plans  adopted  therefor, 
was  located  in  territory  not  then  within  an  organized  city.  (Stats. 
1923,  p.  449.) 


108  CALIFORNIA    IKliUiATlUN    DISTRICT    LAWS. 

HIGHWAYS,  INJURIES  TO. 

Sec.  2737.  "Whoever  obstructs  or  injures  aii.y  higliway,  or  diverts 
any  watercourse  thereon,  or  drains  water  from  liis  land  upon  any 
highway,  to  the  in.jury  thereof,  h.v  means  of  ditches  or  dnnis,  is  liable  to 
a  penalty  of  ten  doUars  for  ea(;h  day  such  obstruction  or  injury  remains, 
and  must  be  punished  as  provided  in  .section  five  hundred  and  eighty- 
eight  of  the  Penal  Code.  Any  person,  persons,  or  corporation  who 
shall  be  storing  or  distributing  water  for  any  purpose,  and  shall  permit 
the  water  to  overflow  or  saturate,  by  seepage,  any  highway,  to  the 
injury  thereof,  shall,  upon  notification  of  the  road  commissioner  of  the 
district  where  such  overflow  or  seepage  occurs,  repair  the  damages 
occasioned  b.v  sucli  overflow  or  seepage ;  and  should  such  repair  not  be 
made  within  a  reasonable  time  ])y  such  person,  persons,  or  corporation, 
said  road  commissioner  shall  make  sucli  repairs,  and  recover  the  expense 
thereof  from  siich  person,  persons,  or  corporation,  in  an  action  at  law. 
All  persons  excavating  irrigation,  mining,  or  draining  ditches  across 
public  highways  shall  be  required  to  bridge  said  ditches  at  such  cross- 
ings, and  upou  neglect  to  do  so,  the  road  commissioner  for  that  road 
district  shall  construct  the  same  and  recover  the  cost  of  constructing 
said  bridge  or  lu'idges  of  sucli  ix'rsnns  l\v  action,  as  ])rovided  in  this 
section;  provided,  tiiat  tlie  supervisors  of  any  county  may  construct 
aiul  maintain  bridges  over  any  and  all  ditclies  used  exelusivel.v  for 
irrigation  purpo.ses,  and  which  cross  public  highways  in  the  county 
over  which  they  have  authorit.w  and  ma.y,  with  the  ccui.sent  of  the 
owners  of  such  ditches,  declare  any  and  all  such  bridges  to  be  public 
property,  and  maintain  and  keep  the  same  in  repair  at  the  exi)ense  of 
such  county.  And  whoever  willfully  injures  any  public  bridge  is 
hereby  declared  to  be  guilt.v  of  a  misdemeanor,  and  is  also  liable  for 
actual  damages  for  such  injury,  to  be  recovered  by  the  county  in  a 
civil  action;  provklcd  furiJnr,  that  every  person  who  knowinglj'  allows 
the  carcass  of  any  dead  animal  (which  animal  belonged  to  him  at  the 
time  of  its  death')  to  be  put  or  to  remain  within  one  hundred  feet  of  an.v 
street,  alle.v,  public  highwa.v,  or  road  in  common  use,  and  every  person 
who  puts  the  carcass  of  any  dead  animal  within  one  hundred  feet  of 
any  street,  alley,  highwa.y,  or  road  in  conuuou  use,  or  who  shall  deposit 
on  any  highway  any  refuse  or  waste  tin,  sheet-iron,  or  broken  glass,  is 
guilty  of  a  misdemeanor.     (Pol.  Code,  as  amended.  Stats.  1897,  p.  217.) 


CALIFORNIA    IRRKiATION    DISTRICT    LAWS.  109 

MATERIALS  AND  SUPPLIES,  MANUFACTURE  BY  DISTRICT. 

Cement  plants,  rock  quarries,  etc. 

Sec.  4041f.  Counties,  cities  and  irrigatiuii  districts  uui.v  jointly  or 
severally  piireliase.  lease,  or  otherwise  aecjuire.  or  operate,  manage  and 
control  rock  quarries,  rock  plants,  sand  pits,  cement  plants,  and  other 
works  or  projects  for  the  extraction,  manufacture,  or  preparation  of 
rock,  sand,  cement  and  other  materials  used  by  them  in  performing 
county,  city,  or  district  functions.  (Pol.  Code,  section  added,  Stats. 
1921, "p.  191.) 


110  CAI.IPORNIA    IRRIGATION    DISTRICT    LAWS. 

PUBLIC  USE,  IRRIGATION  IS. 

All  act  rff/ardiiifi  irriyalioii  and  di clariiuj  the  same  to  be  a  pidilir  iixc. 

(Appryved   May   1,  1911;  Stats.   1911,  p.  1407.) 

Irrigation    declared    public    use. 

Section  1.  Irrigation  in  the  State  of  California  is  lierel).y  declared 
to  be  a  public  uece.ssity  and  a  public  use,  and  the  power  to  eminent 
domain  may  be  exei'cised  on  behalf  of  such  public  use  in  accordance 
with  the  provisions  of  title  VII,  part  III  of  the  Code  of  Civil  Procedure 
of  the  State  of  California.  Provided  that  any  person,  tirm  or  corpora- 
tion, exercising  the  power  of  eminent  domain  and  in  control  of  water 
appropriated  for  sale,  rental  or  distribution,  shall  not,  by  this  act,  be 
relieved  from  the  duty  of  furnishing  water  to  irrigate  the  lands  over 
which  any  right  of  way  is  obtained  by  condemnation  for  irrigation 
purposes  as  required  by  an  act  entitled,  "An  act  to  regulate  and  control 
the  sale,  rental  and  distribution  of  appropriated  water  in  this  state, 
other  than  in  any  city,  city  and  county,  or  town  therein  and  to  secure 
the  rights  of  way  for  the  conveyance  of  such  water  to  the  places  of 
use",  approved  IMareh  12,  1885,  or  any  otiier  law  now  in  force  in  this 
state. 

Certain  acts  not  affected. 

Sec.  '2.  Tliis  act  shall  not  repeal  or  modify  an  act  entitled,  "An  act 
to  regulate  and  control  the  sale,  rental  and  ilistriliution  of  appropriated 
water  in  this  state,  other  than  in  any  city,  city  and  county,  or  town 
therein,  and  to  secure  the  rights  of  way  for  the  conveyance  of  such 
w'ater  to  the  place  of  use",  approved  March  12,  1885,  and  other  acts 
supplemental  thereto  and  amendatory  thereof,  or  shall  the  same  be  con- 
strued to  alter  or  change  the  law  of  the  State  of  California  as  to  the 
duty  of  any  person,  firm  or  corporation  in  charge  of  a  public  use  to 
furnish  water. 

Effective,  when. 

Sec.  3.     This  act  .shall  be  in  force  from  and  after  its  passage. 

Appropriation  for  private  use  of  tlie  taker  is  not  "public  use." 

Gravelly  Ford  Co.  vs.  Pope  d  Talbot  Co.,  36  Cal.  App.  556. 
See.  also,  Const.,  Art.  XIV,  p.  11)  liereof. 


JP 


CALIFORNIA    IRRIGATION   DISTRICT   I.AWP.  Ill 

WATER    DISTRICT.    INCLUSION    OF    TERRITORY    ALREADY 
PART  OF  AN  IRRIGATION  DISTRICT. 

Section  la,  added,  by  Statutes  1921,  p.  1142,  to  the  act  of  June  13. 
1913.  wliieh  provides  for  orgauization  of  water  di.stricts  by  county 
boards  of  supervisors,  authorizes  ""all  or  any  part  of  lauds  embraced 
\\ithin  the  boundaries  of  any  irrigation  district"  to  be  included  in 
such  a  water  district  under  certain  conditions.  Said  section  is  printed 
below.  For  the  entire  text  of  the  act.  see  Stats.  1913,  p.  815 :  amended 
Stats.  1917,  p.  1408;  Stats.  1921.  p.  1142.  (Deerine,  Gen.  Laws,  Act 
Xo.  4349a..) 

Sec.  la.  All  or  any  part  of  lands  embraced  within  the  boundaries 
of  any  irrigation  district  now  or  hereafter  organized  under  any  law 
or  laws  whatsoever  of  the  State  of  California  may  be  organized  into  or 
included  in  a  water  distinct  formed  under  the  provisions  of  this  act : 
jjrovidcd,  that  eighty  per  ceut  of  the  laud  withiu  the  boundaries  of  the 
proposed  water  district  is  uot  under  irrigation  at  the  time  of  the  fonua- 
tion  of  the  water  district:  inovkUd,  fitrfhir.  that  no  land  within  an 
irrigation  district  which  is  also  withiu  the  boundaries  of  a  water  district 
I'ormed  under  the  provisions  hereof  shall  be  released  from  any  of  the 
lUrdens.  oliligations,  liabilities,  or  control  of  or  under  said  irrigation 
'listriet  by  virtue  of  the  formation  of  the  water  district  aud  shall  in 
-very  respect  continue  to  be  a  part  of  said  irrigation  district  de-spite 
the  forumtion  of  said  water  district;  provided,  fnrtlicr.  that  such  water 
district  ma.y  not  issue  bonds  in  excess  of  such  an  amount  as  may  be 
authorized  and  designated  by  the  irrigation  district  Ixmd  commission 
created  by  the  act  entitled.  "An  act  relating  to  bonds  of  irrigation 
districts,  providing  under  what  circumstances  such  bonds  shall  be  legal 
investments  for  funds  of  banks,  insurance  companies  and  trust  com- 
panies, trust  funds,  state  school  funds  and  any  money  or  funds  which 
may  now  or  hereafter  be  invested  in  bonds  of  cities,  cities  and  counties, 
counties,  school  districts  or  municipalities,  and  pi-oviding  under  what 
circumstances  the  use  of  bonds  of  irrigation  districts  as  security  for  the 
performance  of  any  act  may  be  authorized,"  approved  June  13,  1913, 
or  such  other  state  commission,  department  or  agency  that  may  super- 
sede said  commission  or  succeed  to  its  functions.    (Stats.  1921,  p.  1143.) 


112  CALIFORNIA    lUKKIATION    DISTRICT    LAWS. 


CALIFORNIA  WATER  STORAGE  DISTRICT  ACT. 

An  act  proriiliii(j  for  the  itrrjniihatioii,  opcraliuii,  maintcnnncc.  and 
government  of  water  storaeje  distrirts,  and  for  the  acquisition, 
appropriation,  diversion,  storage,  eonscrration,  and  distrdiution  of 
ivater  for  irrigation  of  lands  in  sucli  districts,  for  drainage  and 
reclamation  connected  therewith,  and  for  the  generatio-n,  disposition, 
and  sale  of  hydro-electric  energy  developed  incidental  to  such  stor- 
age and  distribniion;  and  for  tlic  accinisiiion  of  lands  or  rights 
therein  and  the  acquisition,  construction,  operation,  and  mainte- 
nance of  u'orks  to  carry  into  effect  the  j^'ovisions  of  this  act;  and 
conferring  upon  the  state  engineer  certain  addiiionol  duties  and 
powers  in  connection  ivith  the  carrying  out  of  the  purposes  of  said 
act  and  providing  for  the  appointment  of  directors  to  assist  the 
state  engineer  in  so  doing  and  defining  said  duties  and  powers;  and 
repealing  the  Ccdifornia  irrigation  act  approved  June  i,  191:'>,  and 
all  acts  amendatory  thereof. 

(Approved  June  3,  1921;  Stats.  1921,  p.  1727;  amended  Stats.  1923,  p.  941.) 
STATE  ENGINEER. 
State  engineer,  powers  and  duties  of. 

Section  1.  The  state  ciigineer  shall  have  the  powers  and  duties  in 
this  act  conferred  upon  hiiii,  in  addition  to  the  other  powers  and  duties 
l)ossessed  by  or  imjiosed  ui)oii  him  by  law,  and  shall  also  possess  and 
exereisi!  sueh  lurther  powers  and  authority  as  may  be  neeessary  to 
enal)le  him  to  full.y  perform  the  duties  imposed  upon  him  by  this  act, 
including  the  employment  of  such  engineers,  attorneys,  superin- 
tendents, inspectors,  and  other  assistants  as  he  may  deem  necessary, 
and  the  tixing  of  their  compensation,  which  together  with  the  cost  and 
e.Kpense  of  all  work  done  in  connection  with  the  performance  of  sueh 
duties  under  this  act  shall  be  paid  by  the  districts  to  be  formed  here- 
under as  hereinafter  provided  for  payment  of  other  expenses  of  the 
district. 

Constitutionality  of  act  established. 

Tarfiey  vs.  McClure,  65  Cal.  Dec.  244. 

Executive  directors,  appointment,  powers  and  duties  of. 

Sec.  2.  For  the  purpose  of  facilitating  and  expediting  tlie  perform- 
ance of  the  duties  in  this  act  imposed  upon  the  state  engineer  and  to 
provide  against  interference  with  the  performance  of  the  other  duties 
imposed  upon  him  liy  law,  and  to  provide  for  the  equalization  of  assess- 
ments in  this  act  provided  for,  the  governor  shall  within  thirty  days 
after  the  date  upon  which  this  act  takes  effect  name  and  designate  two 
persons  to  be  known  and  hereinafter  referred  to  as  executive  directors, 
one  of  whom  shall  have  at  lea.st  five  years'  practical  experience  in  irri- 
gation and  the  other  of  whom  shall  have  had  at  least  five  years'  experi- 
ence in  administration  and  both  of  whom  shall  l)e  residents  of  this  state 
and  continue  to  be  such  residents  during  tlicir  term  of  office,  which 
term  shall  be  four  years,  and  until  their  successors  liave  been  named 
and  have  qualified.    Their  successors  shall  be  named  and  designated  in 


CALIFORNIA    IKKIGATION    DISTRICT    LAWS.  113 

like  manner.  Each  of  .said  oxecntive  directors  .shall  receive  as  com- 
pensation the  sum  of  twenty  dollars  per  day  for  each  day  employed 
by  him  in  the  performance  of  duties  under  this  act,  and  shall  receive 
actual  traveling  expenses  while  enuafced  in  .such  duties,  which  shall  be 
chargeable  as  a  ])art  of  the  cost  of  the  project  of  the  district  for  which 
such  duties  are  performed.  The  powers  and  duties  herein  conferred 
and  imposed  upon  the  state  engineer  may  be  exercised  by  said  executive 
directors  under  the  direction  of  the  state  engineer. 

ORGANIZATION  OF  WATER  STORAGE  DISTRICT. 
Who  may  propose  organization  of  district. 

Sec.  3.  A  majority  in  number  of  the  holders  of  title  or  evidence  of 
title  to  lands  already  irrigated  or  susceptible  of  irrigation  from  a  com- 
mon source  and  by  the  same  system  of  storage  and  irrigation  works  and 
representing  a  majority  in  value  of  said  lands  may  by  written  petition 
propose  the  organization  of  a  water  storage  district  under  the  provisions 
of  this  act  which  shall  comprise  lands  so  irrigated  or  susceptible  of 
irrigation  and  may  include  therein  lands  situated  in  other  distinctive 
district  agencies  of  the  state  including  other  water  storage  districts 
having  different  plans  and  purposes  and  the  object  of  which  is  not  the 
same;  organization  of  such  a  district  under  the  provisions  of  this  act 
may  also  be  proposed  l)y  written  petition  signed  by  not  less  than  five 
hundred  petitioners  who  are  holders  of  title  or  evidence  of  title  to  lands 
therein;  provided,  that  the  said  petitionens  must  include  the  holders  of 
title  or  evidence  of  title  to  not  less  than  ten  per  cent  in  value  of  the 
lands  within  said  proposed  district.  Such  lauds  proposed  to  be  organ- 
ized into  a  water  storage  district  need  not  consist  of  contiguous  parcels. 
(Stats.  1923,  p.  941.) 

Tarpey  vs.  McCUtre,  65  Cal.  Dec.  244. 

Petition  to  organize  district. 

Skc.  4.  In  order  to  propose  the  organization  of  a  water  storage 
district,  a  petition  signed  as  provided  in  the  preceding  section  setting 
forth  generally  the  boundaries  of  the  proposed  district  or  describing 
the  lands  situated  therein,  and  the  location  proposed  for  the  storage  of 
water  to  be  used  for  such  irrigation,  any  drainage  or  reclamation  con- 
nected therewith,  and  any  incidental  development  of  hydro-electric 
energy,  and  the  nature  of  the  proposed  works,  and  praying  that  the  tei'- 
ritory  embraced  within  said  propo.sed  district  may  be  organized  as  a 
water  storage  district  under  the  provisions  of  this  act,  shall  be  presented 
to  the  .state  engineer.  The  petition  may  consist  of  any  number  of 
separate  instruments,  and  must  be  accompanied  with  a  good  and  suf- 
ficient undertaking,  to  be  approved  by  the  .state  engineer,  in  double  the 
amount  of  the  probable  cost  of  organizing  such  district  as  estimated  by 
said  state  engineer,  conditioned  that  the  .sureties  shall  pay  all  of  said 
costs  in  case  said  organization  shall  not  be  finally  effected,  and  said  state 
engineer  .shall  have  power  to  require  the  furni.shing  of  any  additional 
undertaking,  or  undertakings,  or  payments  of  money,  in  case  he  should 
deem  the  same  necessary.  Upon  the  presentation  and  filing  of  said 
petition  and  undertaking  in  the  office  of  the  said  state  engineer  the  said 
engineer  shall  forthwith  fix  a  time  and  place  at  which  he  will  hear  .said 


114  CAIJFORNIA    IRRIGATION'   DISTRICT   I,AWS. 

petition,  wliit'li  place  shall  ))e  citlicr  the  office  of  the  state  engineer  at 
Saeramento  or  soiiu>  ])la('e  within  the  county,  or  one  of  the  counties, 
within  whicli  any  ]K)rtion  of  the  lands  of  said  proposed  district  are 
.situated  and  which  time  shall  he  not  less  than  thirty  nor  more  than  sixty 
days  after  the  presentation  and  filing  of  said  petition.  Said  petition, 
together  with  a  notice  stating  the  time  and  place  of  the  hearing  so  fixed 
by  said  engineer,  shall  be  published  in  each  county  in  wbich  any  of  the 
lands  of  said  proposed  district  are  situate  by  said  state  engineer  onee 
a  week  for  three  successive  weeks  before  said  hearing.  Said  notice  shall 
be  issued  by  said  state  engineer,  shall  refer  to  said  petition,  and  shall 
be  directed  to  the  persons  named  as  petitioners  therein,  and  to  all 
other  persons  holding  title  or  evidence  of  title  to  any  lands  included 
within  the  water  storage  district  propcsed  in  said  petition,  and  to  all 
other  persons  who  may  be  interested  in  or  affected  by  the  project  con- 
templated in  said  petition,  and  shall  be  substantially  in  the  following 
form: 

Before  the  state  engineer,  State  of  California. 

To  the  persoiLs  named  as  petitioners  in  the  foregoing  petition,  to  all 
persons  holding  title  or  evidence  of  title  to  lands  included  within  the 
water  storage  district  proposed  therein;  and  to  all  other  per.snns  whd 
may  be  intei-ested  in  or  aft'eetod  by  the  project  contemplated  in  said 
petition : 

You,  aud  each  of  you,  are  liereby  notified  that  the  foregoing  petition 

was  filed  with  the  state  engineer  on  the day  of , , 

and  will  be  heard  by  said  engineer  at on  the day  of 

, ,  at  the  hour  of m.  of  that  day,  at  which  time  and 

place  said  engineer  will  hear  aud  receive  evidence  in  support  of  said 
petition  or  any  objections  which  may  be  presented  thereto,  and  will 
hear  and  determine  the  right  of  all  parties  holding  title  or  evidence  of 
title  to  lands  not  included  in  the  water  storage  district  proposed  in  said 
petition,  but  which  lands  are  already  irrigated  or  susceptible  of  irriga- 
tion from  the  same  common  source  and  by  the  same  system  of  storage 
and  irrigation  works  as  are  jiarticularly  referred  to  and  described  in 
said  petition,  to  have  said  lands  included  in  said  district. 

This  notice  is  given  pursuant  to  the  provisions  of  an  act,  approved 
June  3,  1921,  and  known  as  ('alifornia  water  storage  district  act,  to 
which  said  act  particular  reference  is  hereby  made. 

Dated 


State  Engineer. 

Wlien  contained  upon  more  than  one  instrument  one  copy  only  of 
said  petition  need  be  published  but  the  names  attached  to  all  said  instru- 
ments must  appear  in  .such  publication.  Signatures  to  th.e  petition  may 
be  withdrawn  at  any  time  before  the  pulilication  is  commenced  as  in 
this  section  required,  by  filing  a  declaration  signed  by  the  petitiouer. 
with  the  state  engineer,  stating  that  it  is  the  intention  of  the  petitioner 
to  withdraw  therefrom,  which  declaration  .shall  be  acknowledged  in  the 
same  manner  as  conveyances  of  real  estate  are  required  to  be  acknowl- 
edged.    (Stats.  1923,  p.  942.) 


CALIFORNIA    IRlUfiATION    DI.STRICT    LAWS.  115 

Hearing  on  petition. 

Sec.  5.  At  the  time  and  place  fixed  in  said  notice  the  state  engineer 
shall  proceed  to  hear  said  petition  and  to  determine  whether  or  not  the 
same  complies  witli  the  recpiirements  hereinbefore  set  forth  and  whether 
or  not  the  notice  required  herein  has  been  published  as  required,  and 
must  hear  all  competent  and  relevant  te.stimony  offered  in  support  of  or 
in  opposition  thereto.  Said  hearing-  may  be  adjourned  from  time  to 
time  for  the  determination  of  said  facts,  not  exceeding  thirty  days  in 
all.  No  defect  in  the  contents  of  the  petition  or  in  the  title  to  or  form 
of  the  notice  or  signatures,  and  no  lack  of  signatures  thereto,  or  to  the 
petition  as  published,  shall  vitiate  any  proceedings  thereon ;  provided, 
such  jietition  or  petitions  have  a  sufficient  number  of  qualified  signa- 
tures attached  thereto.  The  determination  of  said  engineer  .shall  be 
expressed  by  an  order  establishing  the  facts.  If  said  state  engineer  shall 
determine  that  anv  of  the  requirements  hereinbefore  set  forth  have  not 
been  complied  with  the  matter  shall  be  dismissed,  but  without  prejudice 
to  the  right  of  the  proper  number  of  pei-sons  to  present  a  new  petition 
covering  the  same  matter  or  to  present  the  same  petition  with  additional 
signatures,  if  such  additional  signatures  are  necessary  to  comply  with 
the  recpiirenieuts  of  this  act.  If  the  state  engineer  shall  determine  that 
all  the  said  requirements  have  been  comjdied  with  the  said  engineer 
shall  forthwith  proceed  to  hear  said  petition  and  all  evidence  offered 
in  support  of  the  petition  and  in  support  of  said  written  objections,  and 
the  written  application  of  any  holder  of  title  or  evidence  of  title  to 
lands  included  in  said  propo.sed  water  storage  district,  to  have  .said 
lands  excluded  therefrom,  and  to  also  receive  the  written  application  of 
the  holder  of  title  or  evidence  of  title  to  other  lands  alread.v  irrigated 
or  susceptible  of  irrigation  from  the  common  source  and  by  the  same 
system  of  storage  and  irrigation  works  in  said  petition  more  particularly 
referred  to  and  described,  to  have  said  lands  included  in  said  district 
and  to  participate  in  the  benefits  of  .such  water  storage  district.  Said 
engineer  shall  ascertain  and  determine  the  practicability,  feasibility, 
and  utilit.v  of  the  proposed  project  set  forth  in  said  petition,  and  for 
that  purpose  may  make,  or  can.se  to  be  made,  all  necessary  studies, 
examinations,  surve,\s.  plans,  and  estimates  of  cost,  and  in  connection 
therewith  said  state  engineer  may  employ  all  necessary  engineers, 
attorneys,  and  other  assistants,  or  acquire  and  use  estimates,  surveys, 
and  reports  theretofore  made,  for  the  accomplishment  of  said  purposes, 
and  the  cost  thereof  shall  not  in  the  aggregate  exceed  a  sum  in  dollars 
equal  in  amount  to  one-fourth  the  number  of  acres  in  such  proposed 
district  and  .shall  be  deemed  a  part  of  the  expense  of  said  project,  and 
said  state  engineer  may  require  the  same  to  be  paid  b,y  the  proponents  of 
said  district  or  may  issue  warrants  therefor  and  which  payment  and 
warrants  shall  be  considered  and  treated  in  all  respects  as  warrants  of 
the  district  and  which  shall  be  payable  out  of  the  funds  of  said  district 
when  the  organization  thereof  has  been  completed,  and  the  same,  if 
necessarj',  may  be  included  in  any  bond  issue  authorized  for  the  pur- 
poses of  said  district.  If  said  district  shall,  as  a  result  of  any  election 
hereinafter  provided  for,  be  not  organized,  anv  warrants  issiied  by  said 
state  engineer  or  board  of  directors  of  said  district  upon  the  funds  of 
the  district  shall  be  a  charge  upon  the  undertaking,  or  undertakings, 


116  CAMKOKNIA    IKKIGATION    DISTlilCT    r.AWS. 

liereiubcforc  ;iiul  in  sn'tidii  four  oP  lliis  ;ict  i)rovi(l("(l  tVir,  and  shall 
thereupon  becoiiu^  (hic  and  payalilo  liy  Ihr  surutii's  thcri-iu  named,  and 
the  holdei-s  of  said  warrants  shall  have  a  cansi'  nl'  actiim  against  said 
sureties  thereon.      (Stats.  ]!)12;{,  p.  941!.) 

Not  attempted  delegation  of  legislative  or  .judicial  power. 
Tarpey  vs.  McClure,  Go  Cal.  Dec.  244. 

Order  on  petition. 

Sec.  fi.  Upon  the  final  hearin,i>-  of  said  petition  the  state  engineer 
shall  make  an  order  reaffinniii'.;'  his  couclnsions  as  to  the  srenuineness 
and  snflicieney  of  the  petition,  affirming  the  rey:ularity  and  suffieieney 
of  the  notice  of  hearing  thereon,  and  deterniinino-  the  [jractieabilitj'. 
feasibility,  and  utility  of  the  propo.sed  project.  The  said  engineer  shall 
also  in  his  said  order  establish  the  boundaries  of  the  proposed  district  or 
describe  the  lauds  iueluded  therein,  .specify  the  location  proposed  for  the 
storage  of  water  to  be  used  for  any  of  the  purposes  of  this  act,  and  pro- 
vide an  estimate  of  the  probable  cost  of  the  proposed  project.  The 
said  state  engineer  shall  also  in  his  said  order  divide  said  proposed 
district  into  five,  seven,  nine,  or  eleven  divisions  in  such  manner  as  to 
segregate  into  separate  divisions  lands  possessing  the  same  general 
character  of  water  rights  or  interests  in  and  to  the  waters  of  such  com- 
mon source,  which  divisions  shall  be  numbered  first,  second,  third, 
fourth,  and  fifth,  and  sixth,  seventh,  eighth,  ninth,  tenth,  or  eleventh, 
according  to  the  number  of  such  divisions.  The  order  of  said  .state 
engineer,  made  as  in  this  section  provided,  shall  be  signed  by  him  and 
entered  in  full  upon  the  records  kept  by  him.  A  copy  of  such  order 
certified  by  said  state  engineer,  together  with  a  map  showing  the  exterior 
boundaries  of  the  district  and  indicating  the  lands  if  any  excluded 
therefrom,  shall  forthwith  be  filed  for  record  in  the  office  of  the  county 
recorder  of  each  county  in  which  any  of  the  lands  within  the  said  dis- 
trict are  situated.  The  finding  of  said  stcUe  engineer  in  favor  of  the 
genuineness  and  sufficiency  of  the  petition  and  the  regularity  and 
sufficiency  of  the  notice  of  hearing  thereon  shall  be  final  and  conclusive 
against  all  persons  except  the  State  of  California  upon  suit  commenced 
by  the  attorney  general.  Any  such  suit  must  be  commenced  within 
ninety  days  after  the  date  of  fir.-;t  filing  in  the  office  of  any  county 
recorder  of  such  certified  copy  of  said  order  as  liereinabove  re(|uired. 
(Stats.  1923,  p.  945.) 

Authority  of  state  engineer. 

Tarpey  vs.  McClure,  C.T  Cal.  Deo,  244. 

Election  on  organization. 

Sec.  7.  Said  state  engineer  shall,  within  sixty  days  after  the  filing 
of  said  order,  give  notice  of  an  election  to  be  held  in  the  proposed 
district  for  the  purpose  of  determining  whether  or  not  the  same  shall 
be  organized  under  the  provisions  of  this  act.  Such  notice  shall 
describe  the  boundaries  so  established,  or  the  lands  so  included,  and  the 
divisions  so  created,  and  shall  designate  a  name  for  the  j>roposed  dis- 
trict, and  said  notice  shall  be  published  once  a  week  for  at  least  tliree 
weeks  previous  to  such  election  in  each  county  in  which  any  land  in  the 
proposed  district  is  situated.  Such  notice  shall  require  ballots  to  he 
cast  which  shall  contain  the  words  "Water  storage  district — Yes"  or 


CALIFORNIA    lERIGATION    DISTRICT    LAWS.  117 

■'Water  storage  district — No,"  or  words  equivalent  thereto,  and  also 
the  names  of  persons  to  be  voted  for  at  said  election.  For  the  purposes 
iif  said  election  the  state  engineer  must  establish  a  convenient  number 
of  election  precincts  in  said  proposed  district  and  define  the  boundaries 
thereof  and  at  least  one  such  precinct  must  be  established  for  each 
division  of  said  district  and  said  state  engineer,  at  the  time  of  calling 
said  election,  shall  in  his  order  designate  voting  places  and  appoint 
three  landholders  of  the  district  to  act  as  a  board  of  election  at  each 
voting  place.  Such  election  shall  be  conducted  as  nearly  as  practicable 
in  accordance  with  the  general  water  stonige  district  election  as  in  this 
act  provided,  but  no  pai'ticular  form  of  ballot  shall  be  required.  Nom- 
inating petitions  for  ntticers  to  be  elected  at  such  election  shall  be 
filed  as  ]irovi(led  in  section  thirty-nine  of  tliis  act  except  that  the  same 
shall  lie  filed  in  the  office  of  the  state  engineer. 

Tarpeij  vs.  McClurc,  Go  Cal.  Dec.  241. 

Election  of  directors. 

Sec.  S.  At  such  election  there  shall  be  elected  a  board  of  dii'ectors 
corresponding  in  number  to  the  number  of  divisions  in  the  district,  and 
a  treasurer.  None  of  said  directors  shall  be  elected  by  the  district  at 
large,  but  one  director  shall  be  elected  by  each  division  to  represent 
sucli  division.  Said  officers  shall  qualify  in  the  same  manner  as  is 
provided  for  the  qualification  of  the  same  officers  elected  at  a  general 
water  storage  district  election  as  hereinafter  in  this  act  provided. 

Qualification  of  voters. 

Sec.  9.  Only  the  holders  of  title  or  evidence  of  title  to  laiuls 
situated  within  the  district  shall  l)e  entitled  to  vot(!  at  such  election, 
and  every  such  holder  of  title  or  evidence  of  title  shall  be  entitled  to 
vote,  in  per.son  or  as  hereinafter  provided,  in  each  precinct  in  which 
any  of  the  lands  so  owned  by  him  are  situated  and  to  east  one  vote  for 
each  one  hundred  dollars',  or  fraction  thereof,  worth  of  land  in  said 
precinct  so  owned  by  him.  Each  male  or  female  voter  over  the  age  of 
twenty-one  years  shall  be  entitled  to  vote  in  i)erson  or  by  pro.xy.  Any 
guardian,  administrator,  or  e.xecutor  of  a  person  or  estate  owning  laud 
within  the  district  shall  be  considered  the  holder  of  title  or  evidence  of 
title  to  such  lands  for  the  purposes  of  this  act,  where  tlie  owner  in  fee 
is  not  entitled  to  vote.  Any  corperation  holding  title  or  evidence  of 
title  to  lands  within  the  district  shall  be  entitled  to  vote  as  such  land 
()wner  through  any  officer  or  agent  thereunto  duly  authorized  in  writ- 
ing under  the  seal  of  the  corjioration.  Entrymen  upon  public  lands 
situated  within  tlie  district  shall  be  considered  as  the  holders  of  title  or 
evidence  of  title  to  such  laiuls  for  the  purposes  of  this  act.  No  person 
shall  vote  by  proxy  unless  his  authority  to  cast  such  vote  shall  be 
evidenced  by  an  instrument  in  writing  duly  acknowledged  and  certi- 
fied in  the  same  manner  as  grants  of  real  property  and  filed  with  the 
board  of  election.  The  provisions  of  this  act  relating  to  general  elec- 
tions shall,  except  as  herein  otlierwise  specifically  provided,  apply  to 
elections  on  organization  of  any  water  storage  district  under  this  act. 
(Stats.  1023,  p.  945.) 


118  CALIFOKNIA    IKKIUATION    DISTKICT    J.AWS. 

Canvass  of  votes. 

Sec.  10.  The  .state  engineer  shall  on  tlu'  scidikI  Monday  sueceediug 
such  election  proceed  to  canvass  the  votes  cast  thereat  and  if  npon  such 
canvass  it  appeal's  that  a  niajoritv  of  all  the  votes  cast  are  "Water 
storage  district — Yes"  said  engineer  shall,  by  an  order  entered  in  the 
records  kept  by  him,  declare  the  territory  duly  organized  as  a  water 
storage  district  under  the  name  theretofore  designated,  and  .shall 
declare  the  candidate  for  director  receiving  at  such  election  the  highest 
number  of  votes  in  each  division  to  he  duly  elected  a  director,  and 
the  candidate  for  treasurer  receiving  the  high(^st  niunber  of  votes  in  the 
district  to  be  duly  electecl  treasurer,  if  upon  siicli  canva.ss  it  appears 
that  a  ma.iority  of  all  the  votes  cast  are  "Water  storage  di.strict — No," 
then  the  result  of  such  election  shall  be  declared  accordingly  and 
entered  of  record  in  the  records  kcjit  by  the  state  engineer. 

Order  on  election,  filing  of. 

Sec.  11.  If  such  order  on  election  shall  declare  the  territm-y  duly 
organized  as  a  water  storage  district  the  said  state  engineer  shall  forth- 
with cause  a  copy  of  sucli  order,  duly  certified,  to  be  filed  for  record 
in  the  office  of  the  county  recorder  of  each  county  in  which  any  portion 
of  the  lands  embraced  in  such  district  is  situated,  and  from  and  after 
such  filing  the  organization  of  such  district  shall  be  complete  and  said 
district  shall  have  the  powers  and  riglits  conferred  upon  it  by  the  pro- 
visions of  this  act.  Said  state  engineer  shall  at  the  same  time  issue 
certificates  of  election  to  the  persons  declared  in  said  order  to  be  elected 
directors  and  treasurer. 

ORGANIZATION   OF  BOARD   OF   DIRECTORS  AND  REPORT  OF 
BOARD  ON  PROJECT. 

Board  of  directors,  tenure  of  office. 

Sec.  12.  The  directors  and  treasurer  elected  at  such  election,  after 
qualifying  by  receiving  their  certificates  of  election  and  subscribing 
the  official  oath  and  giving  the  required  bonds,  shall  immediately  enter 
upon  their  duties  and  shall  hold  office,  respectively,  until  their  suc- 
cessors are  elected  and  qualified. 

Board  of  directors,  organization  of. 

Sec.  13.  The  directors  shall  on  the  fir.st  Tuesday  after  their  elec- 
tion and  ((ualification  meet  and  organize  as  a  boai-d  and  select  and 
designate  an  office  of  the  board,  which  shall  also  be  the  office  of  the 
district,  at  which  the  board  shall  thereafter  hold  its  meetings.  The 
board  shall  then  pi'oceed  to  classify  themselves  by  lot  into  two  classes, 
as  nearly  efinal  in  nund)er  as  possible,  and  the  term  t)f  office  of  the 
class  having  the  greater  number  shall  expire  on  the  first  Tuesday  in 
March  following  the  next  general  February  election  in  tbis  act  provided 
for;  and  the  term  of  office  of  the  class  having  the  lesser  number  shall 
terminate  on  the  first  Tuesday  in  IVfarch  following  the  next  gtMieral 
February  election  thereafter.  After  such  classification  the  board  shall 
elect  a  president  from  their  number  and  shall  appoint  a  secretary,  each 
of  whom  shall  hold  office  during  the  pleasure  of  the  board.    The  salai'y 


CALJI'XJKNIA    IRRIGATION'    DISTRICT    LAWS.  119 

of  the  secretary  and  the  amount  of  thv  bond  to  be  given  by  him  for 
tlie  faithfnl  performance  nf  his  duties  shall  be  fixed  by  the  board. 

Board  of  directors,  meetings  of. 

Sec.  11.  The  board  of  directors  shall  thereafter  hold  regular  meet- 
ings on  the  first  Tuesday  of  each  month  at  the  place  selected  as  the 
office  of  the  board;  provided,  that  such  board  may  by  resolution  duly 
entered  upon  its  minutes  fix  any  other  time  or  place  for  the  regular 
monthly  meeting,  but  no  such  change  shall  become  efi'ective  until  after 
the  resolution  making  such  change  shall  have  been  published  once  a 
week  for  two  successive  weeks  in  the  county  in  which  the  office  of  the 
board  of  directors  is  located.  Such  special  meetings  of  the  board  of 
directors  may  be  hehl  as  may  be  re(|uir('d  for  the  proper  transaction 
of  the  business  of  the  district,  but  a  si)eri;d  meeting  must  be  ordered 
by  a  majority  of  the  board.  The  order  mu.st  be  entered  of  record,  and 
five  days  notice  thereof  must  be  given  by  the  secretary  to  each  director 
not  joining  in  the  order.  The  order  must  specify  the  business  to  be 
transacted,  and  no  other  business  than  that  specified  in  the  order  may 
be  transacted  at  such  special  meeting,  unless  all  the  members  are 
present  and  consent  to  the  consideration  of  any  business  not  specified 
in  said  order.  All  meetings  of  the  board  must  be  public  and  a  majority 
shall  constitute  a  quorum  for  the  transaction  of  business.  A  smaller 
number  of  directors  than  a  quorum  may  adjourn  from  day  to  day.  All 
recorils  of  the  boards  shall  lie  t)pen  to  public  inspection  during  business 
hours. 

Board  of  directors,  complementary  powers  and  duties  of. 

Sec.  15.  The  board  of  directors  shall  have  in  addition  to  the  powers 
and  authority  hereinbefore  and  hereinafter  conferred  upon  it.  such 
further  powers  and  authority  as  may  be  necessary  to  enable  it  to  fully 
])erform  the  duties  imposed  upon  it  by  this  act. 

Provisions  for  defraying  preliminary  expenses. 

Sec.  16.  The  board  of  directors  must  and  shall  at  its  first  regular 
monthly  meeting  levy  an  assessment  of  an  equal  amount  upon  each 
acre  of  laud  in  said  district  sufficient  to  pay  all  warrants  issued  by  the 
state  engineer  in  accordance  with  the  jirovisious  of  this  act,  and  in 
addition  thereto  an  amount  sufficient  in  the  judgment  of  said  board  to 
defray  all  other  exjjcn.ses  incurred  or  to  be  incurred  by  or  for  the 
l)enefit  of  said  district  prior  to  the  appointment  of  the  commissioners 
provided  for  in  section  nineteen  of  this  act.  In  the  event  the  assess- 
ment so  levied  for  the  purposes  aforesaid  shall  not  be  sufficient,  it  shall 
be  the  duty  of  the  lioard  of  directors  to  levy  an  additional  assessment, 
or  assessments;  thereafter  if  it  shall  beconu'  necessary  to  provide  funds 
for  the  payment  of  any  expense  incurred  bj'  or  on  behalf  of  the  district 
subsequent  to  the  appointment  of  said  commissioners  and  prior  to  the 
assessment  provided  for  in  section  nineteen  of  this  act,  the  boai'd  of 
directors  shall  levy  such  additional  assessment,  or  assessments,  of  an 
equal  amount  upon  each  acre  of  land  in  said  district  as  may  be  neces- 
sary to  pay  such  expenses;  provided,  however,  the  total  of  all  such 


120  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

assessments  exclusive  of  the  amount  assessed  to  pay  all  warrants  issued 
by  the  state  engineer  shall  not  exceed  fifty  (50)  cents  per  acre.  Said 
assessment,  or  assessments,  so  levied  .shall  constitute  a  lien  upon  the 
lands  affected  thereby  until  the  full  amount  thereof  is  paid,  which  lien 
shall  be  prior  to  all  other  liens  except  state,  county,  and  municipal 
taxes  and  assessments  or  taxes  levied  or  assessed  by  or  under  statutory 
authority,  and  sliall  be  collected  in  the  .same  manner  as  other  assess- 
ments provided  for  in  this  act.     (Stats.  1923,  p.  946.) 

Original  section  constitutional. 

Tarpct/  vs.  McClnre,  G4  Cal.  Dec.  244. 

Board  of  directors,  preparation  and  submission  of  report  of. 

Sec.  17.  The  board  of  directors  sliall,  ui)ou  the  orjiaiiization  of  a 
water  storage  district  as  in  this  act  provided,  proceed  to  make  or  cause 
to  be  made,  all  such  examinations,  surveys,  detailed  i)lans  and  specifi- 
cations, and  estimates  of  costs  for  the  acquisition,  appropriation,  diver- 
sion, storage,  conservation,  and  distribution  of  water,  any  drainage  or 
reclamation  works  connected  therewith,  and  the  generation  of  hydro- 
electric energy  incident  thereto,  and  the  sale  and  distribution  thereof, 
as  may  be  necessary  or  requisite  to  enable  said  board  of  directors  to 
ascertain  and  estimate  the  requirements  and  works  necessary  as  afore- 
said for  the  purposes  of  said  water  storage  district  and  the  probable 
cost  and  expense  thereof,  and  to  make  a  report  thereof  as  hereinafter 
provided.  In  such  connection  said  board  may  use  and  adopt  all 
previous  estimates,  surveys,  reports,  and  other  data  it  may  have 
acquired  or  which  are  available  to  it  adapted  to  that  purpose,  and  may 
employ  all  necessary  engineers,  attorneys,  and  other  assistants  for  the 
accomplishment  of  said  purposes,  and  the  cost  thereof  shall  be  deemed 
a  part  of  the  expen.se  of  said  project,  and  such  board  may  issue  war- 
rants therefor,  which  .shall  be  payable  out  of  the  funds  of  said  district 
and  may  be  included  in  any  bond  issue  authorized  for  the  purposes  of 
said  district. 

Upon  the  completion  of  said  examination  and  study  of  the  proposed 
project  by  the  said  board  of  directors,  the  said  board  shall  prepare  and 
file  in  the  office  of  the  state  engineer  a  report  thereof,  in  which  said 
report  shall  be  set  forth  in  full  and  in  detail  the  character  and  nature 
of  the  proposed  works,  a  description  of  the  rights,  both  to  waters  and 
lands,  it  will  be  necessary  to  acquire  to  carry  said  project  to  comple- 
tion, accompanied  by  detailed  plans  and  specifications,  and  a  detailed 
estimate  of  the  costs  of  said  project,  including  the  acquisition  of  all 
rights  necessary  to  the  completion  and  operation  thereof.  The  board 
of  directors  shall  attach  to  said  report  a  recommendation  that  said 
project  shall  be  carried  out  in  accorclance  with  the  plans  and  specifica- 
tions in  said  report  contained,  or  that  said  project  be  abandoned. 
Such  report  when  completed  shall  be  signed  by  a  majority  of  the  board 
of  directors  and  entered  in  full  upon  the  minutes  of  said  board.  A 
copy  of  such  report  certified  by  the  secretary  of  said  board  of  directors 
shall  be  filed  in  the  office  of  the  state  engineer. 


CALIFORNIA    IRRIGATION   DISTRICT    LAWS.  121 

PROCEEDINGS  OF  STATE  ENGINEER  SUBSEQUENT  TO  REPORT 
OF  BOARD   OF  DIRECTORS. 

Action  of  adverse  report. 

Sec.  is.  If  the  said  boai'cl  of  dircL'tors  recommends  that  said  proj- 
ect be  abandoned  the  state  engineer  shall  make  such  further  investiga- 
tion of  said  project  as  is  in  his  judgment  desirable  and  shall  within 
sixty  days  after  the  filing  of  said  report  make  and  enter  upon  the 
records  kept  by  him  an  order  either  (a)  approving  and  confirming  the 
said  report  and  recommendation  and  declaring  said  project  abandoned, 
wliich  said  order  sliall  be  without  prejudice  to  the  presentation  of 
another  petition  covering  the  same  matter,  or  (b)  approving  and 
adopting  the  said  report  but  taking  no  action  with  respect  to  the  said 
recommendation,  and  calling  anotlier  election  to  be  lield  iu  the  district 
for  the  purpose  of  determining  whether  or  not  the  recommendation  of 
said  board  of  directors  shall  l)e  adopted  or  rejected.  In  the  event  the 
said  order  so  made  and  entered  by  the  state  engineer  shall  call  an 
election,  said  state  engineer  shall  within  thirty  days  after  the  entry  of 
said  order  give  notice  of  such  election.  Said  notice  shall  be  published 
once  a  week  for  at  least  tliree  weeks  previous  to  such  election  in  each 
county  in  which  any  land  in  the  district  is  situated.  Said  notice  shall 
require  ballots  to  be  cast,  which  shall  contain  the  words  "Completion 
of  project — Yes"  or  "Completion  of  project — No."  For  the  purposes 
of  said  election  the  state  engineer  must  establish  a  convenient  number 
of  election  precincts  in  said  district  and  define  the  boundaries  thereof 
and  said  state  engineer  at  the  time  of  calling  said  election  shall  in  his 
order  designate  voting  places  and  appoint  three  land  liolders  of  the 
district  to  act  as  a  board  of  election  at  each  voting  place.  Such  elec- 
tion shall  be  conducted  as  nearly  as  practicable  in  accordance  with  the 
provisions  of  tliis  act  relating  to  general  water  storage  district  elec- 
tions, but  no  particular  form  of  ballot  shall  be  required.  The  qualifica- 
tion of  voters  at  said  election  shall  be  the  same  as  prescribed  for  the 
original  election  on  organization  of  district,  and  the  votes  cast  at  said 
election  shall  be  canvassed  in  the  same  manner  as  votes  cast  at  said 
original  election,  and  the  result  of  sueli  election  shall  be  declared  and 
entered  of  record  in  the  minutes  of  the  board.  If  such  result  shall 
show  a  majority  of  all  the  votes  cast  are  "Completion  of  project — 
No,"  the  state  engineer  shall  make  and  enter  in  his  records  an  order 
declaring  said  project  abandoned,  and  requiring  all  persons,  except  the 
holders  of  warrants  issued  pursuant  to  the  provisions  of  this  act  and 
which  liave  been  duly  presented  for  payment,  having  claims  against 
said  district,  or  proposed  district,  to  file  them  with  the  necessary 
vouchers  within  three  months  from  the  making  of  said  order  in  tlie 
office  of  said  state  engineer.  Notice  of  said  order  requiring  presenta- 
tion of  claims  stating  the  time  and  place  thereof  shall  be  published  iu 
the  county  in  which  the  office  of  the  district  is  located  by  said  state 
engineer  once  a  week  for  four  successive  weeks,  the  first  publication  of 
which  said  notice  shall  be  made  within  ten  days  after  the  making  of 
said  order.    After  all  warrants  issued  under  the  provisions  of  this  act 


122  CALIFORNIA    IRRIGATION    DISTRICT   I>AWS. 

which  have  been  duly  presented  for  iiaynieiit  and  all  elaiiiis  that  have 
been  duly  presented  and  have  been  allowed  and  approved  by  said  state 
engineer  or  the  board  of  directors  of  said  district,  have  been  paid,  said 
state  engineer  shall  forthwith  cause  a  copy  of  said  order  declaring  said 
project  abandoned,  duly  certified  by  said  state  engineer,  to  lie  tiled  for 
record  in  the  office  of  the  county  recorder  of  each  county  in  which  any 
portion  of  the  land  embraced  in  said  district  is  situated,  and  from  and 
after  such  filing  said  district  shall  be  deemed  dissolved  and  all  liens 
which  may  have  attached  to  any  of  the  lands  therein  under  any  pro- 
visions of  this  act  shall  be  discharged  and  any  undertaking  given  pur- 
suant thereto  sliall  l)e  aninilled  aiul  of  no  furtlier  ett'ect.  If  the  canvass 
of  the  votes  cast  at  such  election  show  a  ma.jority  of  ;dl  votes  cast  are 
"Completion  of  project — Yes"  said  state  engineer  shall  thereupon 
apjioint  the  conuni.ssioners  in-ovided  for  in  section  nineteen  of  this  act 
and  thereafter  such  proceedings  shall  be  taiceu  and  followed  as  are 
provided  in  said  section  nineteen  and  subsequent  sections  of  this  act. 

Tarpcy  vs.  McClure,  Go  Cal.  Dec.  244. 

Action  on  favorable  report,  assessment  of  project  cost  by  commissioners,  and 
review  thereof  by  adjustment  board. 

Sec.  rO.  If  the  board  of  directors  recommends  that  said  project  be 
carried  out  in  accordance  with  the  plans  and  specifications  in  its  said 
report  contained  and  if  within  sixty  days  after  the  filing  of  said  report 
in  the  office  of  the  state  engineer  there  .shall  lie  presented  to  and  filed 
with  said  state  engineer  a  petition  signed  by  the  owners  of  more  than 
fifteen  per  cent  of  the  total  assessed  valuation  of  the  land  in  the  district 
requesting  that  an  election  be  held  to  ascertain  whether  such  recom- 
mendation of  the  board  of  directors  shall  be  adopted,  the  state  engineer 
shall  immediately  give  notice  of  such  an  election,  which  election  shall 
be  held  and  conducted  and  the  result  thereof  determined  and  declared 
in  all  respects  as  provided  in  section  eighteen  of  this  act,  and  if  the 
result  of  such  election  shows  a  majority  of  all  votes  cast  are  ' '  Completion 
of  project — No"  the  project  shall  be  deemed  abandoned  and  proceedings 
.shall  be  thereafter  taken  as  provided  in  said  section  eighteen  in  case  of 
abandonment,  but  if  no  petition  shall  be  filed  as  aforesaid  or  if  an  elec- 
tion be  held  and  the  majority  of  the  votes  cast  thereat  are  "Completion 
of  project — ^Yes"  then  the  state  engineer  .shall  forthwith  appoint  three 
commissioners  whose  duty  it  shall  be  to  assess  the  cost  of  the  project, 
upon  the  Ijenefited  lands  within  the  district  which  shall  be  done,  and 
the  said  cost  shall  be  apjiortioned  in  accordance  with  the  benefits  that 
will  accrue  to  each  tract  of  land  held  in  separate  owner.ship  in  said 
district  by  reason  of  the  expenditures  of  said  sums  of  money,  and  the 
completion  of  the  project,  such  assessment  to  be  in  gold  coin  of  the 
United  States;  provided,  how&ver,  that  where  any  such  tract  of  land 
consists  of  more  than  one  section  such  apportionment  to  such  tract  of 
land  .shall  be  made  according  to  legal  subdivisions  thereof  or  to  other 
boundaries  sufficient  to  identify  the  same  in  subdivisions  not  gi'cater 
than  one  section  in  area,  but  any  failure  or  defect  in  complying  with 
this  requirement  shall  not  invalidate  said  apportionment  or  said  assess- 
ment. One  of  said  connnissioners  shall  be  a  civil  engineer  and  one 
shall  have  a  practical  knowledge  of  irrigation,  and  none  of  said  com- 
missioners shall  have  any  interest  in  any  land  in  the  district  either 


CALIFORNIA    IRRIGATION   DISTRICT    LAWS.  12'3 

directly  or  iiidirectly,  and  eacli  commissioner  before  entering:  upon  his 
duties  shall  take  and  subscribe  an  oath  that  he  is  not  in  any  manner 
interested  directly  or  indirectly  in  any  land  iu  the  district  and  that  he 
will  perform  the  duties  of  commissioner  to  the  best  of  his  ability,  and 
said  commissioners  shall  be  paid  as  compensation  for  the  services  ren- 
dered by  them  such  sum.  or  sums,  as  the  state  engineer  shall  fix  and 
determine,  which  .shall  be  considered  a  part  of  the  cost  of  the  project, 
and  said  state  engineer  may  issue  warrants  therefor,  which  shall  be 
]iayable  out  of  the  funds  of  said  district  and  may  l)e  inchuled  in  any 
bond  issue  authorized  for  the  purposes  of  said  district.  The  said  com- 
missioners shall  receive  from  the  board  of  directors  of  the  district  the 
detailed  plans,  specifications,  and  estimate  of  the  costs  of  the 
liro.jcct.  which  have  theretofore  been  duly  approved  by  the  state  engi- 
neer. The  said  commissioners  shall  thereupon  prepare  and  certify  to 
the  state  engineer  in  triplicate  rolls  which  shall  contain : 

{!)  A  description  of  eacli  tract  a.ssessed  held  in  separate  ownership 
by  legal  subdivisions,  governmental  surveys,  or  other  boundaries  suf- 
ficient to  identify  the  same; 

(2)  The  number  of  acres  in  each  tract; 

(3)  The  name  and  address  of  the  owner  of  each  tract,  if  known,  and 
if  unknown,  that  fact,  but  no  mistake  or  error  in  the  name  of  the  owner 
or  supposed  owner  of  the  property  assessed,  and  no  mistake  in  any 
other  particular,  .shall  render  the  assessment  thereof  invalid ; 

(4)  The  rate  per  acre  of  such  assessment  upon  said  tract: 

(5)  The  total  amount  of  the  assessment  as  computed; 

(6)  Any  other  statement  which  may  be  required  by  the  state  engineer 
and  as  to  which  notice  is  given  in  writing  to  the  commissioners  at  the 
time  of  transmitting  the  plans  and  .specifications  and  costs  of  the  work 
for  the  district  beforementioned. 

The  rolls  shall  lie  separately  made  for  lands  lying  within  different 
counties  contained  ^rithin  said  district.  Said  rolls  when  completed 
shall  be  accompanied  by  the  written  repoi't  of  the  commissioners  wherein 
is  set  out  with  particularity  the  exact  nature  and  quantum  of  the 
benefits  so  asses.sed,  both  in  respect  of  the  right  in  and  to  stored  surplus 
waters,  and  the  right  to  store  water  in  the  reservoir  or  reservoirs  of 
the  district,  apportioned  and  allocated  to  each  such  tract  of  land  in  said 
district  and  also  through  any  drainage  or  reclamation  work  connected 
therewith.  In  such  report  lands  embraced  within  a  comprehensive 
area  or  a  political  subdivision  of  the  state  may  be  referred  to  generally 
as  lands  lying  within  such  area  or  subdivision  without  further 
description. 

In  the  event  of  the  conveyance  of  a  part  of  a  tract  of  land  in  said 
district  and  in  the  absence  of  any  provisions  in  the  instrument  convey- 
ing the  .same,  said  lands  so  conveyed  shall  be  deemed  to  share  ratably  in 
the  benefits  apportioned  to  the  entire  tract. 

Said  rolls  when  completed  shall  be  duly  certified  by  said  commis- 
sioners and  forthwith  by  them  filed  in  the  office  of  the  state  engineer. 
Said  state  engineer  shall  forthwith  transmit  two  copies  of  said  rolls  to 
the  board  of  directors  of  said  district,  who  shall  tile  one  copy  in  their 
records  and  thereupon  transmit  to  the  county  treasurer  of  each  county 
within  such  district  that  portion  of  the  roll  relating  to  the  lands  within 
such  county.  Thereafter  the  executive  directors  and  the  pre-sident  of 
the  board  of  directors  of  the  water  storage  district  in  which  the  lands 


124  C.\r,lFORNIA    IRRIGATION    DISTRICT    I>A\VS. 

described  in  said  rolls  are  situated  shall  ber-ome  and  constitute  a  board, 
in  the  nature  of  a  board  of  equalization,  whicli  shall  be  known  and 
desiornated  as  the  "adjustment  board"  and  whose  fimetions  shall  be  to 
consider  and  act  upon  objections,  if  any,  presented  as  herein  provided 
to  the  assessment  made  liy  said  commissioners.  For  that  purpose  said 
adjustment  board  shall  at  once  organize  by  the  election  from  its  members 
of  a  president  and  a  secretary  and  shall  thereupon  appoint  times  and 
places  not  Ic-s  than  thirty  days  after  said  rolls  have  been  filed  in  the 
records  of  said  board  of  directors  when  and  where  it  w'ill  meet  within 
each  county  wherein  lands  of  said  district  are  situated  for  the  purpose 
of  hearinpr  objections  to  said  assessments,  and  notice  of  such  hearin.!^ 
shall  be  published  at  least  once  a  week  for  two  .successive  weeks  in  each 
county  in  which  any  land  within  said  district  may  lie  situate.  Said 
objections,  if  any,  must  be  in  Art-iting  verified  and  tiled  with  the  state 
engineer,  and  shall  set  forth  the  grounds  of  such  objections.  Such 
verification  shall  be  made  by  the  affidavit  of  the  objector  or  some  other 
person  who  is  familiar  with  the  facts.  Said  adjustment  board  may 
postpone  such  hearings  from  time  to  time.  At  such  hearings  the 
adjustment  board  shall  hear  such  evidence  as  may  be  offered  touching 
the  correctness  of  such  assessment,  and  may  modify,  amend,  or  approve 
the  said  assessment  in  any  particular  and  may  reapportion  the  whole  or 
any  part  thereof;  provided,  however,  that  no  assessment  .shall  be 
increased  except  after  pei'.sonal  notice  or  notice  by  registered  mail  given 
to  the  owner  if  known  by  depositing  in  the  postoffice  at  the  place  in 
which  the  office  of  said  district  is  located  in  a  sealed  envelope  addressed 
to  each  of  such  owners  at  his  last  known,  if  any,  place  of  residence  or 
business  otherwise  at  the  county  seat  of  the  county  in  which  any  portion 
of  his  lands  are  situated,  with  full  postage  paid,  at  least  two  weeks 
before  said  hearing,  or  if  unknown  by  publication  at  least  once  a  week 
for  two  successive  weeks  in  the  county  in  which  said  land  in  the  district 
may  be  located,  and  upon  a  hearing  of  objections  thereto  if  made. 

Said  adjustment  board,  after  said  hearings,  must  make  an  order 
approving  such  assessment  as  finally  fixed  or  modified,  which  order  shall 
be  filed  with  and  entered  in  the  records  of  the  state  engineer,  and  the 
apportionment  and  determination  of  said  adjustment  board  shall  be 
final  and  conclusive,  and  no  action  or  defense  shall  ever  be  maintained 
attacking  the  same  in  any  respect.  Two  copies  of  said  assessment  roll 
as  finally  fixed  and  approved  by  the  adjustment  board  shall  be  forth- 
with certified  by  the  .secretary  of  sucli  adjustment  board  and  ti'ausmitted 
to  the  board  of  directors  of  the  said  district,  who  shall  file  one  copy  in 
their  records  and  thereupon  immediately  transmit  to  the  county  treas- 
urer of  each  county  within  such  district  that  portion  of  the  roll  relating 
to  the  lands  within  such  county,  together  with  a  copy  of  the  order  of 
approval  of  such  assessment  roll  by  said  adjustment  board.  Thereafter 
said  assessment  roll  shall  be  conclusive  evidence  before  any  court  or 
tribunal  that  said  assessment  has  been  made  and  levied  according  to  law. 

When  the  board  of  directors  shall  file  with  the  county  treasurer  of  a 
county  within  such  distriet  the  said  assessment  list  or  roll  as  finally 
approved  as  hereinbefore  provided  the  charges  assessed  thereby  upon 
the  .several  tracts  of  land  within  the  county  shall  contitute  a  lien  thereon 
which  shall  be  prior  to  all  other  liens  except  state,  county,  and  municipal 
taxes,  and  assessments  or  taxes  levied  or  assessed  by  or  under  statutory 
authority,  and  shall  impart  notice  thereof  to  all  persons.     Where  bonds 


CALIFOKNIA    IKRIGATIOX    DISTRICT    LAWS.  125 

of  such  district  have  bcou  issued  uixm  any  such  assessuicnt  no  act  ov 
(ionduct  ou  the  part  of  such  board  of  directors,  or  any  ofHiccr  lierein 
mentioned,  shall  invalidate  any  such  assessment  after  the  same  shall 
have  become  a  lien  in  the  manner  herein  provided.  (Stats.  1023, 
p.  946.) 

Hearing  as  to  benefits. 

Fullbrook  In:  Dist.  vs.  Bradleii,  1154  U.  S.  112  ; 
Tiirpeu  vs.  McCIUre,  Ci   Cil.  Dec.   244. 

PAYMENT  OF  ASSESSMENTS. 
Provision  for  payment  in  full. 

Sec.  20.  The  assessment  list  of  each  county  must  remain  open  for 
payment  in  full  in  the  office  of  the  county  treasurer  of  the  respective 
counties  witliiii  the  district  for  a  period  of  thirty  days ;  and  during 
the  time  they  so  remain  any  pe)*son  may  pa.y  the  amount  of  the  charge 
as.se.ssed  against  any  tract  of  land  to  the  county  treasurer  in  gold  coin 
of  the  United  States  or  in  warrants  of  the  district  drawn  by  the  state 
engineer  or  the  board  of  directors,  or  the  proper  officers  thereof. 

Collection  of  unpaid  assessments. 

Sec.  21.  At  the  end  of  tliirty  days  the  treasurer  must  make  ret\irn 
to  the  board  of  directors  of  the  district  of  all  assessments  paid.  All 
unpaid  assessments  sliall  bear  interest  at  the  rate  of  seven  per  cent  per 
aununi.  Thereafter  all  unpaid  assessments  and  accrued  interest  shall 
be  collected  wlien  a!id  as  called,  and  paid  to  the  treasurer  of  the  county 
or  counties,  who  sliall  collect  and  hold  such  moneys  to  the  credit  of  the 
district.  Unless  bonds  shall  have  been  authorized  as  hereinafter  pro- 
vided, all  such  payments  .shall  be  made  in  such  amounts  or  installments 
and  at  such  times  respectively  as  the  said  board,  from  time  to  time  in 
its  discretion,  by  order  entered  in  its  minutes,  may  direct.  Upon  mak- 
ing any  order  fixing  aiul  calling  such  installment  or  amount,  the  secre- 
tary shall  also  enter  in  the  minutes  of  the  board,  and  certify  to  each 
county  treasurer  for  signature  and  mailing  or  publication  in  the  coun- 
ties in  which  any  lands  within  tlic  district  are  situated  a  notice  in 
substantially  the  following  form : 

Name:  (Name')  water  storage  district.  (Location  of  tlic  principal 
place  of  business.)     Notice  is  liereby  given  tliat.  at  a  meeting  of  the 

board  of  directors  held  on an  installment  of 

per  cent  of  assessment  number was  ordered  paid  within  sixl.y 

days  from  the  date  thereof  to  the  respective  county  treasurers  of  the 
counties  wherein  lands  of  such  districts  are  situate.  Any  installment 
which  shall  remain  unpaid  on  the  (day  tixed^  will  be  delinquent, 
together  with  the  accrued  interest  thereon,  with  ten  per  cent  of  sucTi 
installment  and  interest  added  as  penalty. 

(Signed) 

Trea.surer  of County. 

Such  notice  must  be  sent  through  the  mail,  addressed  to  each  owner 
of  land  in  the  district  at  his  place  of  residence  if  known  or  entered 
upon  the  assessment  roll  of  the  district,  and  if  not  known,  at  the  place 


126  CALIFORNIA    IRRIGATION    nlSTRK'T    LAWS. 

wliore  the  priiici|)al  olifiee  of  flit'  district  is  sitiiatp<l,  or  in  lien  tbereof 
siicli  notice  sliall  he  pnblislied  oni-e  a  week  for  two  sneeessi\-e  weeks  in 
each  such  county. 

If  any  such  instalhneut  shall  remain  unpaid  at  the  expiration  of 
said  sixty  days  from  the  date  of  the  order,  then  the  said  installment 
of  said  assessment  shall  heeome  delin(|uent,  together  with  the  aeerued 
interest  thereon  and  a  penalt.y  of  ten  per  eent  of  the  amonnt  of  said 
in.stallment  and  interest  shall  he  added  thereto  and  collected  for  the 
use  of  the  district. 

Innnediately  after  the  said  installment  has  become  delinquent  the 
said  county  treasurer  or  count.v  treasurers  must  publish  once  a  week 
for  two  successive  w-eeks  in  each  county  wherein  lands  of  the  district 
are  situate,  in  one  notice  a  list  of  all  delinquencies  in  such  county, 
wliieh  notice  shall  contain  a  description  of  the  property  assessed,  the 
name  of  the  person  to  whom  it  is  assessed  or  a  statement  that  it  is 
assessed  to  unknown  owners,  if  such  is  the  fact,  the  amount  then  due 
on  said  property,  and  a  notice  that  the  property  assessed  will  be  sold 
on  the  date  therein  stated  in  front  of  the  courthouse  of  said  county  to 
pa.v  the  amount  then  due  on  said  jiroperty.  The  date  of  said  sale  shall 
not  l)e  less  than  ten  days  after  the  date  of  the  last  publication  of  said 
notice.  At  the  time  stated  in  said  notice,  or  such  other  time  to  which 
said  sale  may  have  been  postponed,  the  county  treasurer  must  sell  said 
property  to  the  highest  bidder  for  gold  coin  of  the  United  States.  Out 
of  the  proceeds  of  said  sale  the  county  treasurer  must  deposit  the 
amount  due  on  said  property  as  shown  in  said  notice  to  the  proper 
fund  of  the  said  district.  The  county  treasurer  must  pay  to  the  owner 
of  said  property  any  surplus  remaining:  after  said  deposit  to  the  credit 
of  the  district,  after  first  deducting  any  expense  of  sale.  Except  where 
bonds  have  been  issued  upon  an  assessment  the  board  of  directors  may 
direct  the  county  treasurer  to  postpone  said  sale  from  time  to  time  for 
not  less  than  ten  nor  more  than  thirty  days  at  one  time,  by  a  written 
notice  posted  at  the  place  of  sale. 

If  no  bid  is  made  for  said  property  e(jual  to  the  amount  due  thereon, 
it  must  be  struck  off  to  the  district  for  the  said  amonnt  so  due.  A  cer- 
tificate of  such  sale  shall  be  executed  by  the  county  treasurer  to  the 
purchaser,  or  to  the  district  if  the  property  shall  have  been  struck  otf 
to  the  district,  and  this  certificate  of  sale  shall  he  recorded  in  the  office 
of  the  county  recorder  of  said  count.v.  An.v  person  interested  in  said 
property  may  redeem  the  same  at  any  time  within  three  years  after 
the  date  of  said  sale,  by  paying  to  the  county  treasurer  the  amount  for 
which  the  said  property  was  sold,  and  interest  on  the  said  sum  at  the 
rate  of  two  per  cent  per  month  from  the  date  of  said  sale,  which 
amount  shall  be  credited  to  the  proper  fund  of  said  district. 

If  no  redemption  shall  be  made  within  said  three  years,  the  purchaser 
or  the  district,  if  tlie  projierty  shall  liave  been  sold  to  the  district,  shall 
be  entitled  to  a  deed  executed  by  the  county  treasurer  or  his  successor 
in  office,  and  the  effect  of  such  deed  shall  be  to  convey  said  property 
free  and  clear  of  all  liens  and  incumbrances,  except  state,  county  and 
municipal  taxes,  assessments  or  taxes  levied  or  assessed  by  or  under 
statutory  authority  and  any  water  storage  district  assessment  or  por- 
tion thereof  remaining  unpaid  at  the  date  of  said  sale,  each  installment 


CALIFORNIA    IRRKiATIOX    DISTRICT    LAWS.  127 

wliercof  iiiiiy  ho  calli'd  and  (•ollccted  as  iu'rein  jiroxided.  Tlie  board  of 
dirt-etors  may  sell  such  ])roperty  sold  to  the  district  at  any  time  at 
imlilio  ani-tioii  after  notice  given  for  the  same  period  and  in  the  same 
manner  as  is  herein  provided  for  sale  of  delinquent  assessments,  but 
not  for  a  sum  less  than  the  amount  for  which  said  property  was  sold, 
with  interest  at  seven  per  cent  per  annum,  and  the  deed  executed  in 
pursuance  of  sucli  sale  shall  convey  said  property  free  of  all  incum- 
brances excejit  as  herein  above  provided  for  said  deed  liy  the  county 
treasurer.     (Stats.  1923,  p.  9o0.) 

SUPPLEMENTAL  ASSESSMENTS. 
Manner  of  making  levy. 

Sec.  22.  Thereafter,  whenever  in  the  opinion  of  the  board  of 
directors  of  the  district,  it  shall  be  necessary  to  i-aise  any  sum  for  the 
maintenance,  repair,  or  operation  of  works  of  the  said  di.strict,  or  for 
the  manajrement  and  conduct  thereof,  the  said  board  shall  make  an 
order,  which  order  shall  be  entered  in  the  minutes  of  the  boai'd  and 
shall  recite  tlie  total  amount  necessary  to  be  raised,  and  shall  fix  a  rate 
desig-natinsr  the  num1)er  of  dollars  or  cents  to  be  levied  on  each  one 
hundred  dollars  of  the  original  assessment  theretofore  made  by  the 
commissioners.  Thereafter  the  board  shall  complete  said  a.ssessment 
hy  insertins;'  upon  supplementary  assessment  rolls  the  total  amount 
a.ssessed  against  each  respective  tract  or  parcel  of  land  to  be  assessed. 
The  su]>plemental  assessment  roll  herein  provided  for  shall  be  filed  with 
tile  conuty  treasurer  of  each  county  of  said  district  wherein  lands  of 
such  district  are  situate,  and  thereafter  collected  in  the  same  manner 
provided  for  the  collection  of  the  original  assessment.  The  board  of 
directors  may  call  the  whole  or  anj^  part  of  such  .supplementary  a.ssess- 
ment in  one  in.stallment,  or  may  call  the  same  in  several  installments. 

The  said  report  of  the  commissioners  allocating  the  assessment  levied 
for  the  ])urposes  of  the  construction  and  maintenance  of  the  original 
project,  after  having  been  approved  and  tiled  for  record  in  each  county 
as  aforesaid,  shall  continue  in  force  as  the  basis  for  apportioning  and 
allocating  subsei|uent  assessments  for  construction,  maintenance,  repair, 
or  operation  of  the  works  of  the  pro.ject,  and  for  the  incidental  expenses 
of  conducting  the  said  district.  All  provisions  of  this  act,  with  respect 
to  the  levy  and  collection  of  a.ssessmeuts,  .shall  be  applicable  to  .such 
supplemental  assessments. 

Tarpey  vs.  McCUtre,  G5  Cal.  Dec.  244. 

Special  assessments,  when  and  how  made. 

Sec.  23.  In  the  event  that  the  original  assessment  is  insufficient  to 
provide  for  the  completion  of  the  project  or  if  the  board  of  directors 
of  the  district  should  determine  that  it  is  for  the  be.st  interests  of  the 
land  owners  in  the  district  to  acquire  property  or  construct  works  in 
connection  with  said  project  which  are  not  contemplated  and  covered 
by  the  original  plans  and  estimates  herein  provided  for,  the  board  of 
directors  is  authorized  to  levy  and  collect  a  special  and  additional  assess- 
ment in  the  manner  and  proportions  herein  provided  for  other  assess- 
ments sufficient  to  complete  the  project  or  to  acquire  the  property  or 


128  CAI-IFORNrA    IliRIOATION    DISTRICT    LAWS. 

rdiislrnet  tlie  works  desired  unless  tlie  estinuded  eost  ol'  siieli  (■"iiiplc- 
tioii  ol'  the  project  or  aequisitioii  ol'  propei'ly  or  eoiistriK'tion  of  works 
sliidl  in  the  agerej^ate  exceed  ten  i)er  cent  of  the  estimated  cost  of  the 
orisiiial  project  and  in  that  event  a  statement  of  the  work  necessary 
to  be  done  to  complete  the  project  and  tlie  estimated  eost  thereof  or 
descriptions  of  such  property  to  l)e  so  acquired,  or  additional  plans 
and  specifications  of  such  works,  as  the  case  may  be,  shall  i)e  prepared 
by  the  board  of  directors  and  filed  with  the  state  engineer  and  there- 
after the  board  of  directors  shall  call  a  special  election,  to  be  held 
within  said  district,  at  which  shall  be  submitted  to  the  owners  of 
assessed  lands  in  the  district  the  question  whether  or  not  the  said  prop- 
erty shall  be  acquired  or  the  additional  works  shall  be  constructed  in 
accordance  with  the  plans  so  prepared  as  the  case  may  be.  If  a  major- 
ity of  the  votes  cast  shall  be  in  favor  of  acquiring  the  property  or  con- 
structing the  works  the  board  of  directors  shall  proceed  to  levy  and 
collect  an  assessment  covering  the  cost  thereof  in  the  manner  and  pro- 
portions herein  provided  for  other  assessments.  Such  election  shall  be 
conducted,  save  and  except  as  in  this  section  otherwise  speeifieally 
provided,  in  accordance  with  the  provisions  of  this  act  relating  to  other 
elections  in  the  district. 

Tarpcij  V.S.  McClure,  05  Cal.  Dec.  244. 

BONDS. 
Bonds,    when    and    in    what    manner    and    form    issued    and    how   validated, 
certified,  sold,  paid,  and  proceeds  accounted  for. 

Sec.  24.  Whenever  in  any  water  storage  district  an}'  assessment 
has  been  levied  and  a.ssessed  upon  the  lands  of  said  district  and  remains 
unpaid  in  whole  or  in  part,  and,  in  the  judgment  and  opinion  of  the 
board  of  directors  of  said  district,  it  shall  be  for  the  best  interest  of 
the  district  or  the  landowners  therein  to  issue  bonds  for  the  purpose  of 
obtaining  money  to  pay  the  costs  of  the  proposed  project,  the  indebted- 
ness of  the  district,  or  any  other  lawful  charge,  or  when  a  petition 
signed  by  the  owners  of  more  than  one-fourth  of  the  total  acreage  of 
the  assessed  land  in  the  district  requesting  it  is  filed  with  the  secretary 
of  said  board,  the  hoard  of  directors  of  such  di.striet  shall  by  order 
entered  upon  the  records  of  said  board  order  a  special  election  to  be 
held  in  .said  district,  at  which  special  election  shall  he  submitted  to  the 
owners  of  assessed  land  in  said  district  the  question  whether  or  not 
bonds  of  said  district  shall  be  issued  in  an  amount  equal  to  the  amount 
of  such  assessment,  or  the  part  of  such  assessment  remaining  unpaid, 
which  said  amount  .shall  be  entered  by  said  board  of  directors  in  its 
records  and  stated  by  them  in  the  order  for  such  special  election. 

The  notice  of  such  special  election  must  state  in  addition  to  other 
statements  required  to  be  made  therein,  the  aggregate  face  value  of 
bonds  proposed  to  he  issued.  Only  owners  of  lauds  which  have  been 
assessed  as  provided  herein  shall  be  qualified  to  vote  at  such  election. 
Such  election  shall  he  conducted,  save  and  except  as  in  this  section 
otherwise  specifically  provided,  in  accordance  with  the  provisions  of  this 
act  relating  to  other  elections  in  the  district. 

The  ballots  cast  at  such  election  shall  contain  the  words  "Bonds — 
Yes,"  or  the  words  "Bonds — No,"  and  also  the  name  of  the  nerson 


I 


CALIFORNIA   lERIGATIOX   DISTRICT   LAWS.  129 

casting  the  ballot,  with  the  number  of  votes  east  by  him.  A  list  of  the 
ballots  east  shall  be  made  by  the  board  of  election  containing  the  name 
of  each  voter,  and  if  the  ballot  be  cast  by  prosj-  also  the  name  of  the 
person  casting  it,  and  the  number  of  votes  cast  by  each,  and  whether 
the  same  be  cast  for  or  against  the  issuing  of  the  bonds.  At  the  close 
•f  the  poUs  the  board  of  election  shall  at  once  proceed  to  canvass  the 
■tes  and  declare  the  result  and  shall  deliver  a  certificate  showing  such 
result  and  the  number  of  votes  cast  for  and  against  the  issuing  of  such 
bonds  to  the  county  clerk  of  the  county,  and  shall  deliver  a  duplicate 
lereof  to  the  board  of  directors  of  the  district,  and  shaU  also  deliver 
I  the  said  county  clerk  all  ballots  cast  at  such  election  witliin  said 
county  and  all  documents  and  papers  used  at  such  election,  and  except 
as  in  this  section  specifically  provided  the  provisions  of  this  act  with 
reference  to  all  matters  pertaining  to  elections  shall  govern  and  con- 
trol. The  county  clerks  of  the  respective  counties  shall  immediately 
upon  receipt  of  the  ballots,  papers,  and  documents  from  the  board  of 
election  certify  to  the  board  of  directors  at  its  office  a  statement  of  the 
result  of  said  election  held  in  each  of  said  counties,  with  a  statement 
of  the  number  of  votes  for  and  in  favor  of  the  proposition  of  ' '  Bonds — 
Yes"  and  opposed  "Bonds — No."  The  board  of  directors  shall  thrt'e- 
upon  in  a  certificate  in  writing  recorded  in  their  minutes  declare  that 
the  proposal  to  issue  bonds  has  carried  or  has  been  defeated,  and  stat- 
ing therein  the  vote  east  throughout  the  entire  district,  and  a  duplicate 
of  such  certificate  shall  be  immediately  transmitted  to  the  state 
engineer. 

If  a  majority  of  the  votes  cast  at  such  election  are  in  favor  of  the 
issuance  of  bonds,  the  board  of  directors  of  the  district  shall  cause 
bonds  in  the  amount  stated  in  the  order  for  the  election  to  be  executed 
and  delivered,  together  with  the  assessment  list  segregated  as  to  coun- 
ties within  said  district,  to  the  treasurer  of  said  district.  Said  bonds 
shall  be  of  the  denomination  of  not  less  than  one  hundred  dollars  nor 
more  than  one  thousand  dollars  each;  they  shall  be  signed  by  the  presi- 
dent of  the  board  of  directors  of  the  district  and  attested  by  the 
treasurer  of  said  district,  and  shall  be  numbered  consecutively  in  order 
of  their  maturity,  and  shall  bear  interest  at  a  rate  not  to  exceed  six 
and  one-half  per  cent  per  annum  payable  semiannually  on  the  first  day 
of  January  and  the  first  day  of  July  in  each  year  at  the  office  of  said 
treasurer,  and  at  any  other  place  within  the  United  States  which  may 
be  designated  by  said  board,  upon  the  presentation  of  the  proper 
coupons  therefor.  Coupons  for  each  installment  of  interest  shall  be 
attached  to  said  bonds  and  shall  bear  the  facsimile  signature  of  the 
treasurer  of  said  district.  The  principal  of  said  bonds  shall  be  made 
payable  on  the  first  day  of  July,  or  the  first  day  of  January,  and  in 
^nch  years  as  the  directors  may  prescribe.  Said  bonds  shall  be  payable 
-erially  within  forty  years  from  their  date  in  the  manner  following, 
to  wit: 

fit  Not  less  than  ten  per  centum  of  the  aggregate  face  value  of 
-neh  bonds  is,sued  shall  be  payable  within  fifteen  years  from  their  date; 
(2^  Not  less  than  two  and  one-half  per  centum  of  the  aggregate  face 
value  of  such  bonds  remaining  unpaid  at  the  end  of  fifteen  years  shall 
be  payable  f-aeh  year  beginning  with  the  sixteenth  year  from  their 
date,  until  the  whole  amount  of  said  bonds  has  been  paid. 

»— 27968 


130  CALiIFOENU   IRRIGATION   DISTRICT   LAWS. 

Said  bonds  shall  be  substantially  in  the  following  form: 

United  States  of  America 

State  of  California 

Wame)    water  storage  district. 
No 


(Name)  water  storage  district  for  value  received  hereby  acknowl- 
edges itself  indebted  to  and  promises  to  pay  to  the  holder  hereof  at 
the  office  of  the  treasurer  of  said  district,  at  (place)  in  the  State  of 

California,  on  the  first  day  of ,  the  sum  of  $ in 

gold  coin  of  the  United  States  of  America,  with  interest  thereon  in 

like  gold  coin  from  date  hereof  until  paid,  at  the  rate  of 

per  cent  per  annum,  payable  at  the  office  of  said  treasurer,  or  at  (other 
designated  places),  semiannually  on  the  first  day  of  January  and  the 
first  day  of  July  in  each  year  on  presentation  and  surrender  of  the 
interest  coupons  hereto  attached.     This  bond  is  one  of  a  series  of 

bonds  of  like  tenor  and  effect  (except  as  to  denomination  and 

maturity),  numbered  from to inclusive,  amounting  in 

the  aggregate  to dollars,  issued  in  accordance  with  the 

provisions  of  an  act  known  as  "California  water  storage  district  act," 
duly  passed  and  adopted  (stating  when)  and  of  the  laws  of  the  State 
of  California,  pursuant  to  an  election  held  in  said  water  storage  dis- 
trict on  the day  of ,  authorizing  its  issuance,  and  based 

upon  and  secured  by  an  assessment  levied  on  the  lands  in  said  district, 
and  filed  in  the  office  of  the  count}"  treasurers  of  the  count}"  (or  coun- 
ties) of on  the day  of , ,  and 

the  said  water  storage  district  does  hereby  certify  and  declare  that  said 
election  was  duly  called  and  held  upon  due  notice,  and  the  result 
thereof  was  duly  canvassed  and  ascertained,  in  pursuance  of  and  in 
strict  conformity  with  the  laws  of  the  State  of  California  applicable 
thereto,  and  that  all  the  acts  and  conditions  and  things  required  by 
law  to  be  done,  precedent  to  and  in  the  issue  of  said  bonds  have  been 
done  and  have  been  performed  in  regular  and  in  due  form  and  in 
strict  accordance  with  the  provisions  of  the  law  authorizing  the  issu- 
ance of  water  storage  district  bonds. 

In  testimony  whereof,  the  said  district,  by  its  board  of  directors,  has 
caused  this  bond  to  be  signed  by  the  president  of  said  board  and 
attested  by  the  treasurer  of  said  district,  witli  the  official  seal  of  said 
district  affixed  this day  of 


President  of  said  board. 

Attest: 

Treasurer. 

And  the  interest  coupons  may  be  substantially  in  the  following 
form: 

No $ 

The  treasurer  of  (name)  water  storage  district,  California,  will  pay 

to  the  holder  hereof  on  the day  of , , 

at  his  office  at   (place  in  the  State  of  California,  or  at  designated 


CALIFORNIA    IKRIGATIOX   DISTRICT   LA^^'S.  131 

places),  the  sum  of  $ ,  in  gold  coin  of  the  United  States,  out 

of  the  funds  of  (name)  water  storage  district  for  interest  on  bond  of 
said  district  numbered 


Treasurer. 

The  treasurer  of  said  district  shall  place  the  bonds  prepared  pursuant 
to  this  act  to  the  credit  of  the  district.  Therafter  when  directed  by 
resolution  of  the  board  of  directors  of  the  district,  the  treasurer  shall 
seU  the  whole  or  any  designated  number  of  said  bonds  for  the  best  price 
obtainable,  but  in  no  event  for  less  than  ninety  per  cent  of  the  face  value 
of  said  bonds  and  the  accrued  interest  thereon.  Before  making  a  sale 
of  said  bonds,  notice  shall  be  given  by  the  said  treasurer  by  publication 
at  least  once  a  week  for  two  successive  weeks  in  the  county  in  which  the 
office  of  said  district  is  located,  that  he  will  sell  a  specified  amount  of 
said  bonds,  and  stating  the  day,  hour,  and  place  of  such  sale,  and  asking 
sealed  proposals  for  the  purchase  of  said  bonds,  or  any  part  thereof. 
At  the  time  appointed  said  treasurer  shall  open  the  bids  and  award  the 
bonds  to  the  highest  responsible  bidder.  The  treasxirer  upon  written 
request  of  a  majority  of  the  directors  must  reject  any  or  all  bids.  Any 
sale  by  the  treasurer  and  delivery  of  the  bonds  thereunder  shall  be 
conclusive  evidence  in  favor  of  the  purchaser  and  all  subsequent  holders 
of  the  bonds  that  such  sale  was  made  upon  due  authority  and  notice. 
The  proceeds  of  sale  of  said  bonds  shall  be  placed  in  the  treasuries  of 
the  respective  counties  in  which  land  included  in  the  district  is  situate  to 
the  amount  of  the  unpaid  assessment  in  each  county  and  credited  to  the 
bond  f\uid  of  the  district,  and  a  proper  record  of  such  transaction  shall 
be  made  upon  the  books  of  said  trea.surer.  At  any  time  within  thirty 
days  after  the  issue  of  any  bonds  as  the  result  of  such  election  an 
action  may  be  commenced  in  the  superior  court  of  any  said  counties  by 
the  board  of  directors  of  said  water  storage  district  in  the  name  of  the 
district  as  plaintiff,  and  the  defendants  shall  be  described  as  "all  per- 
sons claiming  any  interest  in  any  lands  within  the  said  (name)  water 
storage  district,"'  to  have  it  determined  that  said  bonds  are  a  legal 
obligation  of  such  water  storage  district,  and  in  the  event  no  such  action 
is  brought  then  the  same  may  be  commenced  by  any  land  owner  in  the 
district  within  thirty  days  after  the  expiration  of  the  period  within 
which  said  action  might  have  been  brought  by  the  board  of  directors. 
It  shall  be  sufficient  to  describe  said  lands  as  all  lands  in  the  district 
(naming  it)  without  a  more  specific  description.  The  summons  shall 
be  published  once  a  week  for  two  successive  weeks  in  the  county  where 
the  action  is  pending.  Within  thirty  days  after  the  first  publication  of 
summons  any  owner  of  land  in  such  district  or  any  person  interested 
may  appear  and  answer  the  complaint,  which  answer  shall  set  forth  the 
facts  relied  upon  to  show  the  invalidity  of  said  bonds.  The  default  of 
all  defendants  not  so  appearing  may  be  entered.  Such  action  shall  be 
given  precedence  in  hearing  and  trial  over  all  other  civil  actions  in  such 
court,  and  judgment  rendered  declaring  such  matter  so  contested  either 
valid  or  invalid.  Any  party  not  in  default  may  have  the  right  to  appeal 
to  the  supreme  court  within  thirty  days  after  the  entry  of  judgment. 
Judgment  for  the  plaintiff  in  such  proceedings  shall  be  considered  as  a 
judgment  in  rem  and  shall  be  conclusive  against  said  district  and  against 
all  lands  therein,  and  all  owners  thereof  and  other  interested  persons. 


132  CALIFORNLV    IRRIGATION    DISTRICT   LAWS. 

All  moneys  collected  by  a  county  treasurer  upon  any  assessment  upon 
which  bonds  shall  have  been  issued,  including  all  moneys  derived  from 
sale  of  land  for  delinquent  installments,  or  from  redemption  thereof,  or 
from  sale  of  lands  bought  by  such  treasurer  at  any  such  sale  as  trustee 
of  the  bond  fund  of  the  district,  shall  be  by  such  treasurer  forthwith 
paid  into  the  county  treasury  of  the  county  from  which  the  same  arose 
to  the  credit  of  the  bond  fund  of  such  water  storage  district,  and  shall 
be  used  exclusively  for  the  payment  of  principal  and  interest  of  said 
bonds  issued  on  such  assessment. 

Whenever  the  board  of  directors  shall  by  resolution  declare  that  it 
deems  it  desirable  that  any  contemplated  or  outstanding  bonds  of  a 
water  storage  district  organized  under  this  act,  including  any  bonds  of 
such  district  authorized  but  not  sold,  shall  be  made  available  for  the 
purpose  provided  for  in  section  seven  of  an  act  of  the  legislature  of  the 
State  of  California  entitled  "An  act  relating  to  bonds  of  irrigation 
districts,  providing  under  what  circumstances  such  bonds  shall  be  legal 
investments  for  funds  of  banks,  insurance  companies,  and  trust  com- 
panies, trust  funds,  state  school  funds  and  any  money  or  funds  which 
may  now  or  hereafter  be  invested  in  bonds  of  cities,  cities  and  counties, 
counties,  school  districts  or  municipalities,  and  providing  under  what 
circumstances  the  use  of  bonds  of  in-igation  districts  as  security  for 
the  performance  of  any  act  may  be  authorized,"  approved  June  13, 
1913,  as  amended,  the  said  board  of  directors  shall  thereupon  file  a 
certified  copy  of  such  resolution  with  the  commission  created  by,  and 
provided  for  in,  said  act  of  June  13,  1913,  which  eommis-sion,  and  the 
state  controller  in  connection  therewith,  are  hereby  given  the  same 
power  and  authority  in  respect  of  the  investigation  and  certification  of 
bonds  issued  under  this  act  as  is  given  to  them  in  respect  of  the  investi- 
gation and  certification  of  irrigation  district  bonds  by  said  act,  as 
amended,  except  as  the  same  may  be  limited  by,  or  inconsistent  with, 
any  provision  of  this  act,  and  bonds  of  water  storage  districts  provided 
for  in  this  act  which  have  been  so  investigated  and  certified  and  by 
authority  of  such  investigation  and  certification  are  declared  to  be  legal 
investments  for  the  purposes  stated  in  said  act  of  June  13,  1913,  as 
amended,  may  be  lawfully  purchased,  or  received  in  pledge  for  loans  by 
savings  banks,  trust  companies,  insurance  companies,  guardians, 
executors,  administrators,  and  special  administrators,  or  by  any  public 
officer  or  officers  of  this  state  or  of  any  coimty,  city,  or  city  and  county, 
or  other  municipal  or  corporate  body  within  this  state  having  or  holding 
funds  which  they  are  allowed  by  law  to  invest  or  loan ;  provided,  how- 
ever, that  where  said  irrigation  district  bond  commission  has  passed 
upon  one  issue  of  bonds  of  districts  formed  hereunder,  that  all  subse- 
quent issues  of  said  districts  shall  be  submitted  to  said  commission  as  in 
said  act  provided. 

The  lien  of  any  unpaid  assessment  upon  which  bonds  shall  have  been 
issued  shall  continue  until  all  said  bonds  shall  have  been  paid  in  full, 
and  if  for  any  reason  any  part  of  the  principal  or  interest  of  said  bonds 
shall  remain  unpaid  after  enforcement  of  said  assessment  as  in  this  act 
provided,  the  board  of  directors  shall  order  an  additional  or  supple- 
mental assessment  to  be  made  as  provided  in  this  act  sufficient  to  pay 
such  unpaid  principal  and  interest ;  which  additional  or  supplemental 
assessment  shall  be  enforced  and  collected  in  the  same  manner  as  the 
original  assessment. 


I 


CALIFORNIA   IRRIGATION   DISTRICT    LAWS.  133 

If  any  district  having  autliorized  the  issuance  of  a  series  of  bonds 
shall  issue  an  additional  series  of  bonds  based  on  another  assessment, 
the  dates  of  maturity  of  such  additional  series  of  bonds  shall  be  such 
that  the  latest  maturities  thereof  shall  not  exceed  fifty  years  and  the 
earliest  maturitj^  of  bonds  of  such  additional  series  shall  be  later  than 
the  latest  maturity  of  bonds  of  any  earlier  series.  All  provisions  of  this 
section  relative  to  the  original  issue  of  bonds  shall  apply  to  such  addi- 
tional series  of  bonds. 

Upon  a  sale  of  any  of  the  bonds  provided  herein  the  treasurer  of  the 
district  is  hereby  authorized  to  accept  in  pajTnent  for  said  bonds,  either 
in  whole  or  in  part,  outstanding  warrants  of  such  district  at  their  face 
value,  together  with  the  accrued  interest  thereon. 

Where  bonds  of  the  district  have  been  authorized  to  be  issued  on  such 
assessments  all  unpaid  assessments  shall  bear  interest  at  the  rate  of 
seven  per  cent  per  annum  from  the  date  of  the  bonds  issued  thereon 
until  such  bonds  shall  have  been  fully  paid  and  discharged,  and  the 
interest  due  at  any  time  on  said  unpaid  assessments  may  be  called 
without  calling  any  installment  of  the  said  assessment.  The  word  install- 
ment as  used  in  this  section  shall  be  construed  as  applying  to  interest 
as  well  as  to  principal  as  the  case  maj'  be. 

At  least  ninety  days  before  any  interest  date  of  the  bond.s,  the 
treasurer  of  the  district  shall  certify  to  the  county  treasurer  of  each 
county  in  which  lands  of  the  district  are  situated  an  estimate  of  the 
amount  of  the  amount  of  money  and  the  percentage  of  the  assessment 
together  with  the  interest  thereon,  or  only  of  the  interest,  necessary  to 
pay  interest  and  principal  or  the  interest  maturing  on  such  interest  date 
after  crediting  thereon  the  funds  in  the  treasury  applicable  to  the  pay- 
ment thereof  to  be  collected  by  such  coiznty  treasurer,  and  shall  add 
thereto  fifteen  per  cent  of  such  aggregate  sum  to  cover  possible  delin- 
quencies, and  each  said  county  treasurer  shall  thereupon  cause  to  be 
published,  once  a  week  for  two  successive  weeks  in  the  county  of  which 
he  is  county  treasurer,  a  notice  substantially  in  the  following  form : 

(Name  of  water  storage  district).  Notice  is  hereby  given  that  an 
installment  of  assessment  (describing  it)  or  (amount  or  propoitiou 
thereof  including  interest  thereon  or  only  for  interest)  is  payable  within 
thirty  days  from  date  by  all  assessed  landowners  of  said  district  in  the 
county  of  (name  of  county)  to  the  treasurer  of  said  county.  AU  or  any 
part  of  said  installment  of  interest  which  remains  unpaid  on  the  (day 
fixed)  will  be  delinquent,  together  with  accrued  interest  thereon,  with 
ten  per  cent  of  such  installment  and  interest  added  as  penalty. 

Dated: 

(Signed) 

Treasurer  of County. 

If  no  newspaper  is  published  in  said  county,  such  publication  shall 
be  made  in  a  newspaper  published  in  an  adjoining  county.  If  any  part 
of  such  installment  or  any  interest  thereon  shall  remain  unpaid  at  the 
expiration  of  thirtj^  days  from  the  date  of  said  notice,  it  shall  become 
delinquent  and  ten  per  cent  of  the  unpaid  amoiint  of  said  installment 
and  interest  shall  be  added  thereto  and  collected  by  said  county 
treasurer.     When  anj'  installment  shall  have  become  delinquent,  said 


134  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

treasurer  shall,  within  ten  days,  publish  in  said  county  once  a  week  for 
two  successive  weeks  a  notice  containing  a  description  of  each  parcel  of 
land  assessed  in  the  district  in  said  county  wherein  such  installment  is 
delinquent,  as  such  description  appears  on  the  as.sessment  list,  the  name 
of  the  person  to  whom  it  is  assessed,  to  unknown  owners,  if  such  is  the 
fact;  the  amount  of  the  installment  delinquent  on  such  parcel,  the 
amount  of  interest  thereon  reckoned  to  the  day  of  sale,  the  amount  of 
said  ten  per  cent  penalty  thereon,  and  a  notice  that  each  of  said  parcels 
will  be  sold  at  public  auction  by  said  county  treasurer  in  front  of  the 
courthouse  of  said  county,  at  a  specified  day  and  hour,  M'hich  shall  not 
be  less  than  thirty  nor  more  than  sixty  days  from  the  date  of  delin- 
quency, to  pay  said  delinquent  installment,  with  said  accrued  interest 
and  penalty.  At  the  time  stated  in  said  notice,  the  county  treasurer 
shall  sell  each  parcel  of  laud  described  in  said  notice  to  the  highest  bid- 
der, unless  prior  thereto  he  shall  have  received  payment  in  full  of  said 
delinquent  installment,  together  with  interest  and  penalty.  No  bid  for 
any  parcel  shall  be  accepted  less  than  the  aggregate  sum  then  due  on 
said  installment  thereon  with  interest  and  penalty,  and  such  sale  shall 
be  made  for  cash,  except  the  treasurer  may  receive  from  any  purchaser 
at  their  face  value  in  lieu  of  cash  bonds  of  said  district  or  their  interest 
coupons,  issued  on  said  assessment  and  then  matured  or  to  mature 
within  sixty  days  after  such  sale.  Any  bond  or  coupon  so  received  in 
pajTnent  shall  be  by  the  county  treasurer  forthwith  canceled  and  filed  in 
the  office  of  the  treasurer  of  the  district.  If  the  entire  amount  of  such 
bond  or  coupon  tendered  in  payment  shall  not  be  required  to  complete 
payment  of  the  purchase  money,  the  county  treasurer  shall  endorse 
thereon  as  paid  the  amount  of  siach  purchase  money  credited  thereon. 
If  no  bid  is  made  for  any  parcel  at  such  sale  equal  to  the  amount  of 
the  iustallment  delinquent  thereon,  with  interest  and  penalty,  the  county 
treasurer  shall  bid  in  and  sell  said  parcel  to  himself  and  his  successors 
in  office,  as  trustee  of  the  bond  fund  of  said  district,  as  purchaser,  for 
the  amount  of  said  installment,  interest,  and  penalty.  The  county 
treasurer  shall  execute  to  each  purchaser,  including  himself  as  trustee 
a  certificate  of  sale,  and  shall  record  a  duplicate  in  the  county  recorder's 
office.  Any  per.son  interested  in  the  said  property  may  redeem  the 
same  at  any  time  within  three  years  after  the  date  of  sale  by  paying 
to  the  counts'  treasurer  for  such  purpose  a  sum  equal  to  the  purchase 
price  stated  in  the  certificate,  with  interest  thereon  at  the  rate  of  twelve 
per  cent  per  annum  from  the  date  of  sale  to  such  redemption.  If  no 
redemption  shall  be  made  within  three  years,  the  said  county  treasurer 
upon  demand  and  surrender  of  such  certificate  of  purchase,  shall 
execute  to  the  purchaser,  his  heirs  or  assigns,  a  deed  of  conveyance  of 
the  parcel  of  land  described  in  such  certificate,  which  deed  shall  convey 
to  the  grantee  therein  named  the  said  land  free  and  clear  of  all  encum- 
brances, except  state,  county  and  municipal  taxes,  assessments  or  taxes 
levied  or  assessed  by  or  under  statutory  authority,  and  any  water  stor- 
age district  assessment,  or  portion  thereof,  remaining  unpaid  at  the  date 
of  said  sale  each  installment  whereof  may  be  called  and  collected  as 
herein  provided,  except  that  no  parcel  sold  and  conveyed  to  the  district 
shall  thereafter  be  subject  to  sale  by  the  county  treasurer  for  delinquent 
installments.  Every  deed  by  a  county  treasurer  purporting  to  be 
executed  under  this  section  shall  be  prima  facie  evidence  of  the  truth  of 
the  matters  therein  recited,  and  of  ownership  by  the  grantee  of  the  lands 


CALIFORNIA   IRRIGATION  DISTRICT   LAWS.  135 

therein  described.  The  county  treasurer  of  each  county  shall  credit 
to  the  bond  fund  of  the  district  all  moneys  collected  by  him  by  sale  or 
otherwise,  upon  assessments  against  which  bonds  shall  have  been  issued, 
including  interest  and  penalties,  and  he  shall  likewise  credit  to  said 
fund  the  amounts  of  purchase  money  paid  in  bonds  or  coupons  on  sales 
made  under  said  assessment.  Each  county  treasurer  shall  charge  to  the 
general  fund  of  the  district,  or  to  the  bond  fund  if  he  has  no  money  to 
the  credit  of  the  general  fund,  the  expense  of  publication  of  notices  and 
of  recording  certificates  of  sale,  and  shall  notify  the  treasurer  of  the 
district  thereof.  The  county  treasurer  shall  transmit  to  the  treasurer 
of  the  district  all  canceled  bonds  and  coupons  received  in  payment  on 
any  delinquent  sale,  and  a  memorandum  of  all  siims  endorsed  as  paid 
upon  account  of  purchase  money  on  any  bonds  or  coupons,  specifying 
the  same.  All  moneys  collected  by  any  county  treasurer  upon  account 
of  an  assessment  on  which  bonds  shall  not  have  been  issued  shall  be 
similarly  accounted  for  to  the  treasurer  of  the  district,  and  shall  be 
credited  to  the  general  fund  of  the  district.  Any  parcel  of  land  bid  in 
and  purchased  by  any  county  treasurer  as  aforesaid,  as  trustee  of  the 
bond  fund  of  the  district,  may  be  sold  and  conveyed  by  him  or  his 
successor  in  office  at  any  time  after  the  expiration  of  said  redemption 
period  of  three  years,  at  public  or  private  sale  and  with  or  without 
notice,  to  any  person  paying  him  the  amount  for  which  said  parcel  was 
bid  in  by  said  treasurer  at  delinquent  sale,  with  interest  thereon  at  the 
rate  of  seven  per  cent  per  annum,  compounded  yearly,  from  the  date  of 
said  delinquent  sale,  and  also  the  amount  of  all  subsequent  installments 
then  delinquent,  with  accrued  interest  and  penalties  thereon.  Such 
payment  may  be  made  either  in  cash  or  in  matured  bonds  and  coupons 
issued  on  said  assessment,  taken  at  their  face  value,  and  such  treasurer 
shall  execute  a  deed  to  such  purchaser  upon  such  sale,  conveying  said 
property  free  of  encumbrances,  except  as  hereinbefore  provided  for 
deeds  where  no  redemption  is  made.  If  any  land  so  held  by  a  county 
treasurer  as  trustee  of  the  bond  fund  of  a  district  shall  remain  unsold 
after  the  final  installment  of  the  assessment  shall  have  been  collected  by 
payment  or  sale,  then  each  such  treasurer  shall  sell  all  said  land  so  held 
by  him  at  public  auction  to  the  highest  bidder  for  cash,  notice  of  which 
sale  shall  be  given  by  publication  once  a  week  for  two  successive  weeks 
in  some  newspaper  published  in  the  county  in  which  said  land  is 
situated,  and  shall  deposit  the  proceeds  of  such  sale  in  the  treasury  of 
the  county  to  the  credit  of  the  bond  fund  of  the  district.  Any  balance 
remaining  in  such  bond  fund,  after  payment  in  full  of  the  principal 
and  interest  of  all  outstanding  bonds  of  the  district,  shall  be  by  the 
treasurer  transferred  to  the  general  fund  of  the  district.  The  countj' 
treasurer  of  each  of  the  several  counties  shall  report  all  transactions  of 
delinquencies  and  sal&s  to  the  treasurer  of  the  district  who  shall  keep  a 
record  thereof  in  the  office  of  the  district.     (Stats.  1923,  p.  952.) 

POWERS  AND  DUTIES  OF  BOARD  OF  DIRECTORS. 

General  powers. 

Sec.  25.  The  board  of  directors  shall  have  the  power  and  it  shall  be 
its  duty  to  manage  and  conduct  the  business  and  affairs  of  the  district ; 
to  adopt  a  seal ;  to  make  and  execute  all  necessary  contracts ;  to  employ 
and  appoint  such  agents,  officers,  and  employees  as  may  be  required, 


136  CALIFORNIA   IRRIGATION    DISTRICT    LAWS. 

and  prescribe  their  duties.  The  board  and  its  agents  shall  have  the 
right  to  enter  upon  any  lands  to  make  surveys,  locate  works,  or  for  any 
other  nece-ssary  and  lawful  purpose.  The  board  shall  have  the  power 
to  construct,  maintain,  improve,  and  operate  the  necessary  dams,  reser- 
voirs, canals,  and  works  for  the  storage  and  distribution  of  water,  and 
any  drainage  or  reclamation  works  connected  therewith,  and  to  provide 
for  the  generation  and  distribution  of  hydro-electric  energy  incidental 
to  such  storage  and  distribution  and  shall  have  the  power  to  sell,  dis- 
tribute, or  otherwise  dispose  of,  such  water,  water  rights,  and  hydro- 
electric energy  as  may  not  be  necessary  for  the  uses  and  purposes  of 
said  district.  The  board  shall  also  have  the  right  to  acquire  by  pur- 
chase, lease,  contract,  or  other  legal  means,  all  lands,  waters,  water 
rights,  or  any  use  thereof  or  interest  therein,  and  any  other  property  or 
rights  by  it  deemed  necessary  for  the  construction,  maintenance, 
improvement,  and  operation  of  the  works  or  the  carrying  out  of  the 
project  of  the  district,  whether  the  same  be  in  this  or  another  state  or 
foreign  nation,  including  the  property  and  rights  of  private  owners, 
and  stocks  of  other  corporations  domestic  or  foreign,  and  may  give  in 
payment  therefor  bonds  of  such  district  upon  such  terms  and  conditions 
as  the  board  of  directors  may  deem  best;  provided,  howpver,  that  no 
bonds  shall  be  so  used  at  a  valuation  less  than  ninety  per  cent  of  the 
face  value  of  the  same  and  the  accrued  interest  thereon.  Said  board 
may  also  enter  into,  and  do  any  acts  necessary  or  proper  for  the  per- 
formance of,  any  agreement  with  the  United  States  or  with  any  state, 
county,  district,  public  corporation,  or  municipality  of  any  kind,  for  a 
purpose  appertaining  to  or  beneficial  to  the  project  of  the  district,  and 
may  acquire  the  right  to  store  water  in  any  reservoir,  or  to  carry  water 
through  any  canal,  ditch,  or  conduit  within  or  without  this  state  not 
owned  or  controlled  by  the  district  and  may  grant  to  the  owner  or 
lessee  of  a  right  to  the  use  of  any  water  permission  to  store  such  water 
in  any  reservoir  of  the  district  or  to  carry  such  water  through  any  canal, 
ditch,  or  conduit  of  the  district.  The  said  board  is  hereby  authorized 
and  empowered  to  take  conveyances,  leases,  contracts,  or  other  assur- 
ances for  all  property  acquired  by  it  under  the  provisions  of  this  act,  in 
the  name  of  such  district,  to  and  for  the  uses  and  purposes  herein 
expressed,  and  to  institute  and  maintain  any  and  all  actions  and  pro- 
ceedings, suits  at  law,  or  in  equity  necessary  or  proper  in  order  to  fully 
carry  out  the  provisions  of  this  act,  or  to  enforce,  maintain,  protect  or 
presei-ve  any  and  all  rights,  privileges,  and  immunities  created  by  this 
act  or  acquired  in  pur.suance  thereof.  All  contracts  and  other  docu- 
ments executed  by  the  board  shall  be  signed  by  the  president  and  by  the 
secretary.  And  in  all  actions,  suits  or  proceedings,  the  said  board  may 
sue,  appear,  and  defend  in  person  or  by  attorneys,  and  in  the  name  of 
such  district.  The  board  of  directors  shall  have  power  whenever  it 
deems  it  necessary  for  its  own  guidance  or  for  the  best  interests  of  the 
district  to  submit  any  question  or  proposition  relating  to  the  construc- 
tion, maintenance,  improvement,  or  operation  of  the  works  or  the  carry- 
ing out  of  the  project  of  the  district,  to  the  qualified  voters  of  the  dis- 
trict at  any  general  election  or  at  a  special  election  called  for  the 
purpose,  which  election  shall  be  in  all  respects  conducted  as  is  provided 
for  other  elections  in  the  district.     The  said  board  shall  have  power 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  137 

generally  to  perform  all  such  acts  as  may  be  necessary  to  fully  carry 
out  the  purposes  of  this  act.     (Stats.  1923,  p.  960.) 

Power  of  condemnation. 

Sec.  26.  The  board  of  directors  shall  have  the  right  and  power  to 
acquire  by  condemnation  all  lands,  waters,  water  rights,  or  any  use 
thereof  or  interest  therein,  and  any  other  property  or  rights  by  it 
deemed  necessary  for  the  construction,  maintenance,  improvement,  and 
operation  of  the  works,  or  the  carrying  out  of  the  project  of  the  district. 
In  case  of  condemnation  proceedings  the  board  shall  proceed  in  the 
name  of  the  district  under  the  provisions  of  section  fourteen  of  article 
one  as  amended  of  the  constitution  of  the  State  of  California,  and  title 
seven,  part  three  of  the  Code  of  Civil  Procedure  of  California  and  all 
pleadings,  proceedings,  and  process  in  .said  title  provided  shall  be 
applicable  to  the  condemnation  proceeding  hei*eunder. 

Construction  and  maintenance  of  works. 

Sec.  27.  The  board  of  directors  shall  proceed  to  carry  out  the 
project  of  the  district  in  accordance  with  the  plans  and  specifications  of 
the  duly  approved  and  adopted  report  of  said  board.  Before  making 
any  contract  for  the  construction  of  any  works  in  carrying  out  said 
project,  or  for  the  subsequent  maintenance,  impi-ovement,  or  operation 
thereof,  said  board  shall  advertise  for  bids.  "When  such  work  is  to  be 
done  said  board  shall  give  notice  by  publication  thereof  in  the  county 
in  which  the  office  of  the  board  is  located  once  a  week  for  four  suc- 
cessive weeks,  calling  for  bids  for  the  same.  If  less  than  the  whole 
work  provided  for  in  said  plans  and  specifications  is  to  be  done  and 
advertised,  the  portion  to  be  done  must  be  particularly  described  in 
such  notice.  Said  notice  shall  set  forth  that  plans  and  specifications  of 
the  woi-k  to  be  done  can  be  seen  at  the  office  of  the  board,  and  that  the 
board  will  receive  sealed  proposals  therefor,  and  that  the  contract  will 
be  let  to  the  lowest  responsible  bidder,  stating  the  time  and  place  for 
opening  said  proposals,  which,  at  the  time  and  place  appointed  shall  be 
opened  in  public :  and  as  convenient  thereafter  the  board  shall  let  said 
work  either  in  portions  or  as  a  whole,  to  the  lowest  responsible  bidder; 
or  it  may  reject  any  or  all  bids  and  readvertise  for  proposals  or  may 
proceed  to  construct  the  work  under  its  own  superintendence;  pro- 
vided, that  in  ease  of  emergency  or  urgent  necessity  the  board  of 
directors,  by  unanimous  vote  of  those  present  at  any  regular  or  special 
meeting,  may  award  contracts  without  advertising  for  bids,  but  the 
amount  of  any  contract  so  awarded  shall  not  exceed  ten  thousand  dol- 
lars. Contracts  for  the  purchase  of  materials  only  shall  be  awarded 
to  the  lowest  responsible  bidder.  Any  person  or  persons  to  whom  a 
contract  may  be  awarded  shall  enter  into  a  bond,  with  good  and  suf- 
ficient sureties,  to  be  approved  by  the  board,  payable  to  said  district  for 
its  use,  for  twenty-five  per  cent  of  the  amount  of  the  contract  price, 
conditioned  for  the  full  and  faithful  performance  of  .said  contract. 
The  work  shall  be  done  under  the  direction  and  to  the  satisfaction  of, 
and  be  approved  by  the  board. 


138  CALIFORNU    IRRIGATION   DISTRICT    LAWS. 

Payment  of  claims. 

Sec.  28.  All  claims  against  the  district  shall  be  paid  by  warrants  of 
said  district.  To  provide  a  fiuid  for  that  purpose  the  lioard  of  directors 
may  from  time  to  time  draw  from  the  general  fund  deposited  and  kept 
to  the  credit  of  the  district  in  the  office  of  the  county  treasurer  of  a 
county  having  funds  belonging  to  the  district  in  his  possession  such 
sums  as  may  be  necessary  for  said  purpose,  which  said  sums  shall  be 
deposited  with  the  treasurer  of  tlie  district  and  paid  out  by  him  upon 
warrants  of  the  district,  and  he  shall  report  to  the  board  of  directors 
in  writing  at  its  regular  meeting  in  each  month  the  amount  of  money 
in  the  district  treasury  and  the  amount  of  receipts  and  the  amount 
and  items  of  expenditures  for  the  month  preceding,  which  said  report 
shall  be  verified  and  filed  ^^•ith  the  secretary  of  the  board.  (Stats. 
1923,  p.  961.) 

Reports  to  state  engineer  of  work  done. 

Sec.  29.  During  the  construction  of  any  works  in  carrying  out  the 
project  of  any  water  storage  district  the  board  of  directors  of  such 
district  shall,  within  one  week  after  each  regular  meeting  of  said  board, 
forward  to  the  state  engineer  a  report  of  the  progress  of  such  con- 
struction together  with  a  statement  of  the  amount,  or  amounts,  paid  for 
the  doing  of  such  work.  The  board  of  directors  at  their  regular 
monthly  meeting  in  January  of  each  year  shall  render  and  immediately 
thereafter  cause  to  be  published  in  the  county  where  the  office  of  said 
board  is  situated  at  least  once  a  week  for  two  successive  weeks  a  verified 
statement  of  the  financial  condition  of  the  district,  showing  particu- 
larly the  receipts  and  disbursements  of  the  last  preceding  year,  together 
with  the  source  of  such  receipts  and  purpose  of  such  disbursements. 
Immediately  after  the  publication  of  said  statement  the  board  of 
directors  shall  cause  a  copy  thereof  accompanied  by  a  report  stating 
the  progress  of  the  work  under  construction  and  the  general  condition 
of  the  project  and  whether  or  not  the  same  is  being  successfully  and 
satisfactorily  carried  out,  and  anj'  other  matter  which  the  board  may 
deem  proper,  to  be  filed  with  the  state  engineer,  who  shall  examine  said 
statement  and  report  and  make  to  the  board  of  directors  such  recom- 
mendations and  comments  as  he  may  deem  proper  and  may  publish 
said  recommendations  and  comments  in  such  manner  as  may  be  deemed 
advisable.  Said  state  engineer  may  at  any  time  make  or  cause  to  be 
made  an  examination  of  the  afi'airs  of  any  water  storage  district  within 
the  state  or  call  upon  the  board  of  directors  of  .such  district  for  such 
information  as  he  may  desire,  and  may  make  and  publish  such  report 
thereon  as  he  maj'  deem  advisable. 

Right  of  way  privileges. 

Sec.  30.  The  board  of  directors  shall  have  power  to  construct  the 
said  works  across  or  intersecting  any  stream  of  water,  water-course, 
street,  avenue,  highway,  railway,  canal,  ditch,  or  flume,  in  such  manner 
as  to  afford  security  for  life  and  property ;  but  said  board  shall  restore 
the  same,  when  so  crossed  or  intersected,  to  its  former  state  as  near  as 
may  be,  or  in  a  sufficient  manner  not  to  have  impaired  unnecessarily 
its  usefulness ;  and  every  company  whose  i-ailroad  shall  be  intersected 
or  crossed  by  said  works  shall  unite  with  said  board  in  forming  said 


C.VLIFORNIA    IRRIGATION   DISTRICT   LAWS.  139 

intersections  and  crossings,  and  grant  the  privileges  aforesaid;  and  if 
such  railroad  company  and  said  board,  or  the  owners  and  controllers 
of  said  property,  thing,  or  franchise  to  be  so  crossed,  can  not  agree  upon 
the  amount  to  be  paid  therefor,  or  the  points  or  the  matter  of  said 
crossings  or  intersections,  tlie  same  shall  be  ascertained  and  determined 
in  all  respects  as  is  herein  provided  in  respect  to  the  taking  of  land. 
The  right  of  way  is  -hereby  given,  dedicated,  and  set  apart  for  the 
location,  construction,  arid  maintenance  of  said  works  over  and  through 
an}'  of  the  lands  which  are  now  or  may  be  the  property  of  this  state; 
and  also  there  is  given,  dedicated,  and  set  apart,  for  the  uses  and  pur- 
poses aforesaid,  all  waters  and  water  rights  belonging  to  this  state 
within  the  district. 

Compensation  of  officers. 

Sec.  31.  The  members  of  the  board  of  directors  when  sitting  as  a 
board  or  acting  under  the  orders  of  the  board,  shall  each  receive  not  to 
exceed  ten  dollars  per  day  and  ten  cents  per  mile  for  each  mile  actuallj' 
traveled  from  his  place  of  residence  to  the  office  of  the  board,  and 
actual  and  necessary  expenses  paid  while  engaged  in  official  business 
under  the  order  of  the  board.  The  board  shall  fix  the  compensation  to 
be  paid  to  all  other  officers  and  employees  named  in  this  act,  to  be 
paid  out  of  the  treasury  of  the  district,  except  as  herein  otherwise 
provided. 

Officers  not  to  be  interested  in  contracts. 

Sec.  32.  No  director  or  any  other  officer  named  in  this  act  shall  in 
any  manner  be  interested,  directly  or  indirectly,  in  any  contract 
awarded  or  to  be  awarded  by  the  board,  or  in  the  profits  to  be  derived 
therefrom ;  and  for  any  violation  of  this  provision,  such  officer  shall  be 
deemed  guilty  of  a  misdemeanor,  and  conviction  shall  work  a  forfeiture 
of  his  office,  and  he  shall  be  punished  by  a  fine  not  exceeding  five  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding  six 
months,  or  by  both  such  fine  and  imprisonment. 

Incurring  indebtedness. 

Sec.  33.  The  board  of  directors  or  other  officers  of  the  district 
shall  have  no  power  to  incur  any  debt  or  lialiilitj'  whatever,  either  by 
issuing  bonds  or  otherwise,  in  excess  of  the  express  provisions  of  this 
act;  and  any  debt  or  liability  incurred  in  excess  of  .such  provisions  shall 
be  and  remain  absolutely  void ;  provided,  that  nothing  contained  in  this 
section  shall  be  construed  as  limiting  the  right  of  the  board  to  enter  into 
any  contract  for  the  use  of  or  lease  for  any  lands,  water,  water  rights, 
or  other  property,  as  in  this  act  provided,  and  by  such  lease  or  contract 
to  bind  the  district  for  the  payment  of  the  rental  or  consideration 
specified  in  such  lease  or  contract. 

Distribution  of  water  under  certain  conditions. 

Sec.  34.  In  the  event  the  volume  of  the  water  under  the  control  of 
the  district  is  so  diminished  that  the  distrilmtion  thereof  in  accordance 
with  the  apportionment  of  such  water  as  finally  made  and  approved 
by  the  adjustment  board  as  prescribed  in  section  nineteen  of  this  act, 
will   not,    in   the   judgment   of   the   board   of   directors,   result    in   an 


140  CALIFORNIA    IRRIGATION    DISTRICT   LAWS. 

economical,  efficient,  and  beneficial  use  of  such  water,  said  board  shall 
have  the  power  to  distribute  in  a  just  and  equitable  manner  the  water 
available,  in  such  manner,  at  and  for  such  times,  and  in  such  quantities, 
as  in  the  judgment  of  said  board,  will  best  promote  the  interests  of  said 
district,  due  regard  being  had  to  the  rights  of  the  respective  parties 
thereto  as  determined  by  the  assessment  and  apportionment  of  the  com- 
missioners provided  for  in  section  nineteen  of  this  act  as  equalized  by 
the  adjustment  board  provided  for  in  said  section.  (Stats.  1923, 
p.  962.) 

GENERAL  ELECTIONS. 

Establishment  of  precincts. 

Sec.  35.  The  board  of  directors  of  a  water  storage  district  shall 
establish  a  convenient  number  of  election  precincts  in  the  district  and 
define  the  boundaries  thereof  and  at  least  one  such  precinct  must  be 
established  for  each  division  of  the  district,  and  said  board  whenever 
it  is  deemed  advisable  for  the  best  interests  of  the  district  and  the 
convenience  of  the  voters  may  at  any  time,  but  not  less  than  sixty  days 
before  an  election  to  be  held  in  the  district,  change  the  boundaries  of 
any  such  election  precinct,  which  changes  when  made  must  be  entered 
upon  the  minutes  of  the  board. 

Qualification  of  voters. 

Sec.  36.  Only  the  holders  of  title  or  evidence  of  title  to  lands  situ- 
ated within  the  district  shall  be  entitled  to  vote  at  a  general  election, 
and  every  such  holder  of  title  or  evidence  of  title  shall  be  entitled  to 
vote,  in  person  or  as  hereinafter  provided,  in  each  precinct  in  which 
any  of  the  lands  so  owned  by  him  are  situated  and  to  cast  one  vote  for 
each  one  hundred  dollars',  or  fraction  thereof,  worth  of  land  in  said 
precinct  so  owned  by  liim.  Each  male  or  female  voter  over  the  age  of 
twenty-one  years  shall  be  entitled  to  vote  in  person  or  by  proxy.  Any 
guardian,  administrator,  or  executor,  of  a  person  or  estate  owning  land 
within  the  district  shall  be  considered  the  holder  of  title  or  evidence 
of  title  to  such  lands  for  the  purposes  of  this  act,  where  the  owner  in 
fee  is  not  entitled  to  vote.  Any  corporation  holding  title  or  evidence 
of  title  to  lands  within  the  district  shall  be  entitled  to  vote  as  such  land 
owner  through  any  officer  or  agent  thereunto  duly  authorized  in  writ- 
ing under  the  seal  of  the  corporation.  Entiwmen  upon  pulilic  lands 
situated  within  the  district  shall  be  considered  as  the  holders  of  title 
or  evidence  of  title  to  such  lands  for  the  purposes  of  this  act.  No 
person  shall  vote  by  proxy  unless  his  authority  to  cast  such  vote  shall 
be  evidenced  by  an  instrument  in  writing  duly  acknowledged  and 
certified  in  the  same  manner  as  grants  of  real  propertv  and  filed  with 
the  board  of  election.     (Stats.  1923,  p.  962.) 

Elections,  when  held;  officers  to  be  elected. 

Sec.  37.  An  election,  which  shall  be  known  as  the  general  water 
storage  district  election,  shall  be  held  in  each  water  storage  district  on 
the  first  Wednesday  in  February  in  each  odd-numbered  year,  at  which 
a  successor  shall  be  chosen  to  each  officer  whose  term  shall  expire  in 
March  next  thereafter.     The  person  receiving  the  highest  number  of 


CALIFOKNIA    IRRIGATION   DISTRICT   LAWS.  141 

votes  for  each  office  to  be  filled  at  such  election  shall  be  elected  thereto. 
The  term  of  office  of  each  elective  officer  of  the  district  elected  after 
the  election  on  organization  provided  for  in  section  seven  of  this  act 
shall  be  four  years,  or  until  his  successor  is  elected  and  has  qualified. 

Notice  of  election;  appointment  of  election  officers. 

Sec.  38.  Twenty  days, before  a  general  election  held  under  this  act, 
the  secretary  of  the  board  of  directors  shall  cause  notices  to  be  posted 
in  three  public  places  in  each  election  pi-ecinct,  of  the  time  and  place 
of  holding  the  election,  and  shall  also  post  a  general  notice  of  the  same 
in  the  office  of  said  board  specifying  the  polling  places  of  ea«h  precinct. 
Affidavits  of  the  publication  and  posting  of  such  notice  must  be  filed 
with  the  county  clerk  of  each  county  in  the  district,  together  with  a 
copy  of  the  order  calling  the  election  certified  by  the  president  of  the 
board  of  directors,  and  duplicates  filed  with  the  board  of  directors. 
Prior  to  the  time  for  posting  the  notices,  the  board  must  appoint  for 
each  precinct,  from  the  voters  thereof,  one  inspector  and  tuo  judges, 
who  shall  constitute  a  board  of  election  for  such  precinct.  If  the  board 
fail  to  appoint  a  board  of  election,  or  the  members  appointed  do  not 
attend  at  the  opening  of  the  polls  on  the  morning  of  election,  the 
voters  of  the  precinct  present  at  that  hour  may  appoint  the  board,  or 
supply  the  place  of  an  absent  member  thereof.  The  board  of  directors 
must,  in  its  order  appointing  the  board  of  election,  designate  the  place 
within  the  precinct  where  the  election  must  be  held. 

Nominating  petitions. 

Sec.  39.  Not  less  than  ten  days  before  the  election,  any  ten  or  more 
qualified  voters  in  any  division  of  the  district  may  file  with  the  board 
of  directors  a  petition,  requesting  that  certain  persons,  specified  in  such 
petition,  be  placed  on  the  ballot  as  candidates  for  the  office  named  in 
the  petition.  The  names  proposed  by  the  various  petitions  so  filed,  and 
no  others,  shall  be  printed  on  the  ballots.  But  there  shall  be  sufficient 
blank  spaces  left  in  which  voters  may  write  other  names  if  they  so 
desire.  The  petitions  shall  be  preserved  in  the  office  of  the  secretary 
of  the  district. 

Election  officers,  powers  and  duties  of. 

Sec.  40.  The  inspector  is  chairman  of  the  election  board  and  may 
administer  all  oaths  required  in  the  process  of  an  election;  and 
appoint  judges  if,  during  the  progress  of  the  election,  any  judge  ceases 
to  act.  Any  member  of  the  board  of  election  may  administer  and 
certify  oaths  required  to  be  administered  during  the  progress  of  an 
election.  Before  opening  the  polls,  each  member  of  the  board  must 
take  and  subscribe  an  oath  to  faithfully  perform  the  duties  imposed 
upon  him  by  law.  Any  voter  of  the  precinct  may  administer  and 
certify  such  oath.  The  polls  must  be  opened  at  eight  a  m.  on  the 
morning  of  the  election,  and  be  kept  open  until  four  p.m.,  when  the 
same  must  be  closed. 

Ballots  and  manner  of  voting. 

Sec.  41.  The  ballot  used  at  the  election  shall  be  provided  by  the 
board  of  directors,  and  one  of  the  judges  of  election  shall  deliver  to 
each  of  the  qualified  voters  one  of  the  baUots  so  provided.     The  ballots 


142  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

shall  have  pi'inted  on  them  the  names  of  all  candidates  whose  names 
have  been  filed  as  provided  in  this  act,  \vith  a  voting  square  behind  each 
name;  provided,  that  the  ballots  in  each  division  of  tli^"  district  shall 
have  on  them  names  of  persons  to  be  voted  for  as  director  to  represent 
that  division  only,  and  no  director  shall  be  elected  by  the  district  at 
large.  The  names  shall  be  arranged  in  groups,  alphabetically,  under 
the  designation  of  the  office  for  which  each  per.son  named  is  a  candidate. 
Each  voter  shall  stamp  a  cross,  with  a  rubber  stamp  to  be  provided  by 
the  board  of  directors,  in  the  square  behind  the  name  of  each  candi- 
date he  wishes  to  vote  for.  Each  ballot  cast  shall  contain  the  name  of 
the  person  easting  the  ballot  with  the  number  of  votes  cast  by  him.  A 
list  of  the  ballots  cast  shall  be  made  by  the  board  of  election  containing 
the  names  of  each  voter,  and  if  the  l3allot  be  east  by  proxy  the  name 
of  the  person  casting  it,  the  number  of  votes  cast  by  each,  and  whether 
the  same  be  cast  for  or  against  the  proposition  submitted  at  the  election. 

Voting  and  counting  of  votes. 

Sec.  42.  Voting  may  commence  as  soon  as  the  polls  are  opened,  and 
may  be  continued  during  all  the  time  the  polls  remain  opened,  and 
shall  be  conducted  as  nearly  as  practicable  in  accordance  with  the 
provisions  of  the  general  election  laws  of  this  state.  As  soon  as  all 
votes  are  counted,  a  certificate  shall  be  drawn  upon  each  of  the  papers 
containing  the  poll  lists  and  tallies,  or  attached  thereto,  stating  the 
number  of  votes  each  one  voted  for  has  received,  and  designating  the 
ofBce  to  fill  which  he  was  voted  for,  which  number  shall  be  written  in 
figures  and  in  words  at  full  length.  Each  certificate  shall  be  signed 
by  a  judge  and  the  inspector.  One  of  said  certificates,  with  the  poll 
list  and  the  tally  paper  to  which  it  is  attached,  shall  be  retained  by  the 
inspector,  and  preserved  by  him  at  least  six  months.  The  ballots  shall 
be  strung  upon  a  cord  or  thread  by  the  inspector,  during  the  counting 
thereof,  in  the  order  in  wliicli  they  are  entered  upon  the  tally  list  by 
the  judges ;  and  said  ballots,  together  with  the  other  of  said  certificates, 
with  the  poll  list  and  tally  paper  to  which  it  is  attached,  shall  be 
sealed  by  the  inspector  in  the  presence  of  the  judges  and  indorsed 
"Election  returns  of  (naming  the  precinct)  precinct,"  and  be  directed 
to  the  secretary  of  the  board  of  directors,  and  shall  be  immediately 
delivered  by  the  inspector,  or  by  some  other  safe  and  responsible  carrier 
designated  by  said  inspector,  to  said  secretary,  and  the  ballots  shall  be 
kept  unopened  for  at  least  six  months;  and  if  any  qualified  voter  of 
the  district  be  of  the  opinion  that  the  vote  of  any  precinct  has  not  been 
correctly  counted,  he  may  appear  on  the  day  appointed  for  the  board 
of  directors  to  open  and  canvass  the  returns,  and  demand  a  recount 
of  the  vote  of  the  precinct  that  is  so  claimed  to  have  been  incorrectly 
counted.  No  list,  tally  paper,  or  certificate  returned  from  any  election 
shall  be  set  aside  or  rejected  for  want  of  form,  if  it  can  be  satisfactorily 
understood. 

Canvass  of  votes. 

Sec.  43.  The  board  of  directors  must  meet  at  its  usual  place  of 
meeting  on  the  first  Monday  after  each  election  to  canvass  the  returns. 
If,  at  the  time  of  meeting,  the  returns  from  each  precinct  in  the  district 
in  which  the  polls  were   opened  have  been  received,   the  board  of 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  143 

directors  must  then  and  there  proceed  to  canvass  the  returns ;  but  if  all 
the  returns  have  not  been  received,  the  canvass  must  be  postponed  from 
day  to  day  until  all  the  returns  have  been  received,  or  until  six  post- 
ponements have  been  had.  The  canvass  must  be  made  in  public  and 
by  opening  the  returns  and  ascertaining  the  vote  of  the  district  for 
each  person  voted  for,  and  declaring  the  result  thereof. 

Statement  of  results;  vacancy  in  office,  how  filled. 

Sec.  44.  The  secretary  of  the  board  of  directors  must,  as  soon  as 
the  result  is  declared,  enter  in  the  records  of  such  board  a  statement  of 
such  result,  which  statement  must  show:  (a)  the  whole  number  of 
votes  cast  in  the  district,  and  in  each  division  of  the  district;  (6)  the 
names  of  the  persons  voted  for;  (c)  the  office  to  fill  which  each  per.sou 
was  voted  for;  (d)  the  number  of  votes  given  in  each  precinct  to  each 
of  such  persons;  (e)  the  number  of  votes  given  in  each  division  for 
the  office  of  director,  and  the  number  of  votes  given  in  the  district  for 
the  office  of  treasurer.  The  board  of  directors  must  declare  elected  as 
director  the  person  having  the  highest  number  of  votes  for  that  office 
in  each  division,  and  as  treasurer  the  person  having  the  highest  number 
of  votes  in  the  district.  The  secretary  must  immediately  malie  out 
and  deliver  to  such  persons  certificates  of  election,  signed  by  him,  and 
authenticated  with  the  seal  of  the  board. 

In  case  of  a  vacancy  in  the  office  of  treasurer,  the  vacancy  shall  be 
filled  by  appointment  of  the  board  of  directors;  provided,  that  if  said 
board  of  directors  shall  neglect  or  refuse  to  make  such  appointment 
within  a  period  of  forty  days,  then  the  state  engineer  shall  make  such 
appointment.  In  case  of  a  vacancy  in  the  office  of  director,  the  vacancy 
shall  be  filled  by  appointment  by  the  state  engineer  from  the  division 
in  which  the  vacancy  occurred.  An  officer  appointed  as  above  provided 
shall  hold  his  office  for  the  remainder  of  the  unexpired  term  to  fill 
which  he  is  appointed,  and  until  his  successor  is  elected  and  qualified. 

Official  bonds. 

Sec.  45.  "Within  ten  days  after  receiving  their  certificates  of  elec- 
tion herein  provided  for,  said  officers  shall  take  and  subscribe  the 
official  oath,  and  file  the  same  in  the  office  of  the  board  of  directors,  and 
execute  the  bond  hereinafter  provided  for.  The  treasurer  of  the  district 
shall  execute  an  official  bond  in  the  sum  of  fifty  thousand  dollars  to  be 
approved  by  the  board  of  directors;  provided,  that  the  board  may,  if  it 
shall  be  deemed  advisable,  fix  the  bond  of  the  treasurer  to  suit  the  con- 
ditions of  the  district,  the  maximum  amount  thereof  not  to  exceed  fifty 
thousand  dollars,  and  the  minimum  amount  thereof  not  to  be  less  than 
ten  thousand  dollars.  Each  member  of  the  board  of  directors  shall 
execute  an  official  bond  in  the  sum  of  five  thousand  dollars,  which  said 
bonds  shall  be  approved  by  a  judge  of  the  superior  court  and  shall  be 
recorded  in  the  office  of  the  county  recorder  of  the  county  in  which  the 
office  of  the  board  is  situated,  and  filed  with  the  secretary  of  said  board. 
All  official  bonds  herein  provided  for  shall  be  made  payable  to  the 
proper  water  storage  district  and  shall  be  in  the  form  prescribed  by 
law  for  the  official  bonds  of  county  officers  and  the  premiums  thereon 
may  be  paid  by  the  district ;  provided,  that  in  ease  any  district  organized 
under  this  act  is  appointed  fiscal  agent  of  the  United  States  or  by  the 


144  CALIPORNU    IRRIGATION    DISTRICT    LAWS. 

United  States  in  connection  with  any  federal  reclamation  project,  each 
of  said  oiilicers  shall  execute  a  further  and  additional  official  bond  in 
such  sum  as  the  secretary  of  the  interior  may  require,  conditioned  for 
the  faithful  discharge  of  the  duties  of  his  office  and  the  faithful  dis- 
charge of  the  district  of  its  duties  as  fiscal  or  other  agent  of  the  United 
States  under  any  such  appointment  or  authorization,  and  any  such 
bond  may  be  sued  upon  by  the  United  States  or  any  person  injured  by 
the  failure  of  such  officers  of  the  district  to  fully,  promptly,  and  com- 
pletely perform  their  respective  dutias.     (Stats.  1923,  p.  962.) 

If  election  not  held,  provision  for  special  election. 

Sec.  46.  If  an  election  is  not  held  as  herein  provided,  then  upon  the 
filing  of  a  petition  with  the  secretary  of  the  board  of  directors  of  such 
district,  signed  by  the  owners  of  more  than  fifteen  per  cent  of  the  total 
assessed  valuation  of  the  lands  within  the  district,  requesting  that  a 
special  election  be  called  for  the  election  of  such  officers,  tlie  directors 
of  such  district  shall  thereupon  call  a  special  election  thereof  for  the 
election  of  such  officers,  such  election  to  be  held  within  not  less  than 
fifteen,  nor  more  than  thirty  days  after  the  filing  of  such  petition. 
(Stats.  1923,  p.  963.) 

Beginning  of  terms  of  officers;  organization  of  board  of  directors. 

Sec.  47.  At  noon  of  the  first  Tuesday  in  March  next  following  their 
election,  except  as  provided  in  section  twelve  of  this  act,  the  officers 
who  shall  have  been  elected  at  the  preceding  general  district  election 
shall  enter  upon  the  duties  of  their  respective  offices.  On  the  first 
Tuesday  in  March  next  following  each  election,  the  directors  shall 
meet  and  organize  as  a  board,  elect  a  president  and  appoint  a  secretary, 
who  shall  each  hold  office  during  the  pleasure  of  the  board. 

Recall  of  officers. 

Sec.  48.  The  holder  of  any  elective  office  of  any  district  may  be 
removed  or  recalled  at  any  time  by  the  voters;  provided,  he  has  held 
his  office  at  least  six  months.  The  procedure  to  effect  such  removal  or 
recall  shall  be  as  follows:  A  petition  demanding  die  election  of  a  suc- 
cessor to  the  person  sought  to  be  removed  shall  be  filed  with  the  secre- 
tary of  the  board  of  directors  of  such  district,  which  petition  shall  be 
signed  by  qualified  voters  constituting  at  least  twenty-five  per  cent  of 
the  highest  vote  cast  within  such  district  for  candidates  for  the  office, 
the  incumbent  of  which  is  sought  to  be  removed,  at  the  last  gener&l 
election  in  such  district  at  which  an  incumbent  of  such  office  was 
elected,  or,  in  the  case  of  the  removal  of  the  incumbent  of  an  office 
elected  by  a  subdivision  of  such  district,  such  petition  shall  be  signed  by 
a  like  percentage  of  qualified  voters  of  such  subdivision  computed  upon 
the  total  number  of  votes  cast  in  such  subdivision  for  all  candidates 
for  the  office,  the  incumbent  of  which  is  sought  to  be  removed,  at  the 
last  general  election  in  such  subdivision  at  which  an  incumbent  of  such 
office  was  elected;  and  said  petition  shall  contain  a  statement  of  the 
grounds  on  which  the  removal  or  recall  is  sought,  which  statement  is 
intended  solely  for  the  information  of  the  voters.  Any  in.sufficiency 
of  form  or  substance  in  such  statement  shall  in  no  wise  affect  the 
validity  of  the  election  and  proceedings  held  thereunder.     The  signa- 


CALIFORNU    IRRIGATION   DISTRICT   LAWS.  145 

tures  to  the  petition  need  not  all  be  appended  to  one  paper.  Each 
signer  shall  add  to  his  signature  his  place  of  residence,  giving  the 
precinct,  and  if  within  a  town  having  named  streets  and  numbered 
houses,  street  and  number.  Each  such  separate  paper  shall  have 
attached  thereto  an  affidavit  made  by  a  qualified  voter  of  the  district 
and  sworn  to  before  an  officer  competent  to  administer  oaths,  stating 
that  the  affiant  circulated  that  particular  paper  and  saw  written  the 
signatures  appended  thereto;  and  that  according  to  the  best  infoi'ma- 
tion  and  belief  of  the  affiant,  each  is  the  genuine  signature  of  the  person 
whose  name  purports  to  be  thereunto  subscribed  and  of  a  qualified 
voter  of  the  district.  "Within  ten  days  from  the  date  of  filing  such 
petition,  the  secretary  of  the  board  shall  examine  tmd  from  the  records 
of  qualified  voters  ascertain  whether  or  not  said  petition  is  signed  by 
the  requisite  number  of  such  qualified  voters,  and  he  shall  attach  to 
said  petition  his  certificate  showing  the  result  of  said  examination.  If 
by  the  said  certificate  the  petition  is  shown  to  be  insufficient,  it  may  be 
supplemented  within  ten  days  from  the  date  of  such  certificate,  by  the 
filing  of  additional  papers,  duplicates  of  the  original  petition  except  as 
to  the  names  signed.  The  secretary  shall,  within  ten  days  after  .such 
supplementing  papers  are  filed,  make  like  examination  of  a  supple- 
menting petition,  and  if  a  certificate  shall  show  that  all  the  names  to 
such  petition,  including  the  supplemental  papers,  ire  still  insufficient, 
no  action  shall  be  taken  thereon;  but  the  petition  shall  remain  on 
file  as  a  public  record;  and  the  failure  to  secure  sufficient  names  shall 
be  without  prejudice  to  the  filing  later  of  an  entirely  new  petition  to 
the  same  effect.  If  the  petition  shall  be  found  to  be  suiBcient,  the 
secretary  shall  submit  the  same  to  the  board  of  directors  without  delay, 
whereupon  the  board  shall  forthwith  cause  a  special  election  to  be  held 
within  not  less  than  thirty-five  nor  more  than  forty  days  after  the  date 
of  the  order  calling  such  election,  to  determine  whether  the  voters  will 
recall  such  officer;  provided,  that  if  a  general  water  storage  district 
election  is  to  occur  within  sixty  days  from  the  date  of  the  order  calling 
for  such  election,  the  board  may  in  its  discretion  postpone  the  holding 
of  such  election  to  such  general  election  or  submit  such  recall  electiou 
at  any  such  general  election  for  officers  of  such  district  occurring  not 
less  than  thirty-five  days  after  such  order.  If  a  vacancy  occur  in  said 
office  after  a  recall  petition  is  filed,  the  election  shall  nevertheless 
proceed  as  in  this  section  pro^'ided.  One  petition  is  sufficient  to  pro- 
pose a  removal  and  election  of  one  or  more  elective  officials.  One 
election  is  competent  for  the  removal  and  election  of  one  or  more 
elective  officials.  Nominations  for  any  office  under  such  recall  election 
shall  be  made  in  the  manner  prescribed  by  section  thirty-nine  of  this 
act. 

There  shall  be  printed  on  the  recall  ballot,  as  to  every  officer  whose 
recall  is  to  be  voted  on  thereat,  the  following  question:  "Shall  (name 
of  person  against  whom  the  recall  petition  is  filed)  be  recalled  from  the 
office  of  (title  of  the  office)  ?"  following  which  question  shall  be  the 
words  "yes"  and  "no"  on  separate  lines,  with  a  blank  space  at  the 
right  of  each,  in  which  the  voter  shall  indicate  by  stamping  a  cross  ( X ) 
his  vote  for  or  again.st  such  recall.  On  such  ballots,  under  each  such 
question,  there  shall  also  be  printed  the  names  of  those  persons  wiio 
have  been  nominated  as  candidates  to  succeed  the  person  recalled,  m 

10—27968 


146  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

case  he  shall  be  removed  from  office  by  said  recall  election ;  but  no  vote 
shall  be  counted  for  any  candidate  for  said  office  unless  the  voter  also 
voted  on  said  question  of  the  recall  of  the  person  .'ought  to  be  recalled 
from  said  office.  The  name  of  the  person  against  whom  the  petition  is 
filed  shall  not  appear  on  the  ballot  as  a  candidate  for  the  office.  If  a 
majority  of  those  voting  on  said  question  of  the  recall  of  any  incumbent 
from  office  shall  vote  "no,"  said  incumbent  shall  continue  in  said  office. 
If  a  majoritj'  shall  vote  "yes,"  said  incumbent  shall  thereupon  be 
deemed  removed  from  such  office,  upon  the  qualification  of  his  suc- 
cessor. .The  election  shall  be  conducted,  canvass  of  all  votes  for  candi- 
dates for  said  office  shall  be  made,  and  the  result  declared  in  like  manner 
as  in  a  regular  election  within  such  district.  If  the  vote  at  any  such 
recall  election  shall  recall  the  officer,  then  the  candidate  who  has  i  eeeived 
the  highest  number  of  votes  for  the  office  shall  be  thereby  declared 
elected  for  the  remainder  of  the  term.  In  case  the  person  who  received 
the  highest  number  of  votes  shall  fail  to  qualify  within  ten  days  after 
receiving  the  certificate  of  election,  the  office  shall  be  deemed  vacant 
and  shall  be  filled  according  to  law.  If  the  vote  at  any  such  recall 
election  shall  not  recall  the  officer,  no  further  petition  for  the  recall  of 
such  officer  shall  be  filed  before  the  expiration  of  six  months  from  the 
date  of  such  first  recall  election. 

SPECIAL  ELECTIONS. 

Special  elections,  how  held. 

Sec.  49.  Notice  of  anj-  special  election  to  be  held  pursuant  to  the 
provisions  of  this  act  must  be  given  by  posting  notices  in  three  public 
places  in  each  election  precinct  in  the  water  conservation  district  for  at 
least  twenty  days,  and  also  by  publication  of  said  notice  once  a  week  for 
three  successive  weeks  in  each  county  in  which  any  land  in  said  district 
is  located.  Such  notice  must  specify  the  time  and  place  of  holding  the 
election  and  the  purpose  thereof.  Unless  otherwise  in  this  act  expressly 
specified  said  election  shall  be  held  and  the  result  thereof  determined 
and  declared  as  nearly  as  may  be  in  accordance  with  the  provisions  of 
this  act  relating  to  general  water  conservation  district  elections ;  pro- 
vided, that  no  informalities  in  conducting  such  election  shall  invalidate 
the  same  if  the  election  shall  have  been  otherwise  fairly  conducted. 

GENERAL  PROVISIONS. 

Contest  of  elections. 

Sec.  50.  Any  election  held  under  the  provisions  of  this  act  may  be 
contested  by  any  person  owning  propei-ty  within  tlie  district,  or  pro- 
posed district,  liable  to  assessment.  Such  contest  shall  be  brought  in 
the  superior  court  of  any  county  in  which  some  portion  of  the  land 
within  the  district  or  proposed  district  is  situated  and  shall  be  conducted 
in  the  manner  provided  for  contests  of  election  by  title  two  of  part  three 
of  the  Code  of  Civil  Procedure  of  California,  except  that  in  the  case  of 
a  contest  not  involving  the  right  of  a  person  declared  elected  to  an 
office  to  hold  such  office  the  directore  of  the  district  shall  be  made 
parties  to  the  contest.  The  court  having  jurisdiction  shall  speedily  try 
such  contest  and  determine  upon  the  hearing  whether  the  election  was 
fairly  conducted  and  in  substantial  compliance  with  the  requirements 


I 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  147 

of  this  act  and  enter  its  judgment  aeeoi'dingly.  Such  contest  must  be 
brought  within  twenty  days  after  the  canvass  of  the  vote  and  declara- 
tion of  the  result.  The  right  of  appeal  is  hereby  given  to  either  party 
to  the  record  within  thirty  days  from  entry  of  judgment.  The  appeal 
must  be  heard  and  determined  by  the  supreme  court  within  sixty  days 
from  the  time  of  the  filing  of  the  notice  of  appeal. 

Determination  of  ownership  and  value  of  land. 

Sec.  51.  For  all  purposes  of  this  act  relating  to  signing  petitions 
and  voting  at  any  election,  and  for  all  other  purposes  when  the  question 
of  title  to  or  value  of  land  claimed  to  be  owned  by  a  petitioner  or  voter 
is  involved,  the  county  assessment  roll  last  equalized  at  the  time  of  the 
election  or  filing  of  the  petition,  in  each  county  wherein  any  such  land 
is  situated  shall  be  sufScient  evidence  of  ownership  and  value.  If  any 
parcel  of  land  is  assessed  on  any  such  assessment  roll  to  unknown  or 
fictitiously  named  owners,  or  to  unnamed  owners  in  addition  to  any 
owner  or  owners  named  thereon,  said  parcel  of  land  shall  be  deemed 
for  any  of  the  purposes  of  this  act  to  have  but  one  owner  in  addition 
to  any  owner  or  owners  whose  true  name  or  names  may  be  purported 
to  be  given  on  such  assessment  roll.  The  holder  of  title  or  evidence  ol 
title  to  an  undivided  interest  in  any  land  affected  by  any  of  the  provi- 
sions of  this  act  may  sign  any  petition  or  vote  at  any  election  provided 
for  in  this  act,  and  such  undivided  interest  shall  be  counted  and  valued 
as  though  it  were  a  separate  interest,  and  if  the  assessment  roll  shall 
fail  to  indicate  the  extent  of  any  such  undivided  interest  the  holders  of 
title  or  evidence  of  title  whose  undivided  interests  in  any  land  are  not 
specifically  defined  shall  be  deemed  to  have  equal  shares  therein.  Where 
property  has  been  conveyed  prior  to  the  election  and  such  change  of 
interest  does  not  appear  by  such  assessment  roll  the  original  deed  of 
conveyance,  or  a  copy  thereof  duly  certified  by  the  county  recorder  of 
the  county  wherein  the  same  has  been  recorded,  or  otherwise  authen- 
ticated, shall  be  sufficient  evidence  to  entitle  the  bolder  thereof  to  vote 
the  acreage  therein  described.  Any  person  not  legally  qualified  to 
vote  who  shall  make  any  false  statement  in  respect  to  his  right  to  vote 
shall  incur  all  of  the  penalties  provided  in  the  Penal  Code  of  the  State 
of  California  for  persons  illegally  voting  at  elections.  The  certificate 
of  the  register  of  the  United  States  land  office  for  the  district  in  which 
the  lands  are  situated,  or  of  the  surveyor  general  of  the  State  of  Cali- 
fornia, shall  be  sufficient  evidence  of  possessory  right  in  any  lands 
entered  under  the  laws  of  the  United  States  or  of  the  State  of  California. 
Guardians,  personal  representatives  and  other  persons  holding  land  in  a 
trust  capacity  under  appointment  of  court  may  sign  any  petition  and 
may  vote  at  any  election  in  behalf  of  the  estate  represented  by  them 
without  obtaining  any  special  authority  therefor.  A  certificate  of 
acknowledgment  taken  before  a  notary  public  or  justice  of  the  peace 
of  any  state,  or  an  affidavit  by  any  person  in  the  presence  of  whom  a 
petition  was  signed,  shall  be  sufficient  evidence  of  the  genuineness  of 
such  signature  and  of  the  fact  of  place  of  residence  of  any  petitioner 
under  this  act.  The  state  engineer  shall,  prior  to  the  election  on  organi- 
zation, and  at  all  subsequent  elections  the  board  of  directors  shall, 
cause  to  be  prepared  and  certified  and  furnished  to  the  election  board 
at  each  voting  place  in  the  district  a  copy  of  each  of  said  assessment 


148  CALIFOENU    IRRIGATION   DISTRICT   LAWS. 

rolls  as  far  as  the  same  pertains  to  any  land  in  the  respective  precincts, 
and  shall  likewise  canse  to  be  prepared  and  furnished  to  the  election 
boards  lists  certified  by  the  register  of  the  United  States  land  office 
or  the  surveyor  general  of  the  State  of  California,  as  the  case  may  be, 
showing  the  lands  entered  under  the  laws  of  the  United  States  or  of  the 
State  of  California,  respectively,  which  said  lists,  so  far  as  disclosed 
by  the  records  of  said  offices,  shall  contain  the  names  of  the  persons 
entitled  to  possessory  rights  therein  and  the  quantity  of  land  held  by 
each  of  said  persons  by  virtue  of  said  rights.  Said  assessment  rolls 
and  said  lists  shall  be  used  by  the  election  boards  in  determining  the 
qualifications  of  voters  and  the  number  of  votes  each  voter  is  entitled 
to  cast. 

Where  a  tract  of  land  is  situated  partly  within  and  partly  without 
the  boundaries  of  an  election  precinct  and  the  assessment  roll  contains 
a  valuation  of  said  tract  as  a  whole  the  same  must  be  apportioned 
according  to  the  number  of  acres  lying  within  and  without  the  bound- 
aries of  said  precinct.  If  there  shall  be  included  in  any  assessment 
roll  or  list  as  furnished  to  an  election  board  any  land  which  has  no 
valuation  a.ssigned  to  it,  then  the  state  engineer  or  the  board  of 
directors,  as  the  case  may  be,  shall  request  the  county  assessor  of  the 
county  in  which  such  land  is  situated  to  value  said  land  and  it  shall 
be  the  dutj^  of  such  county  assessor  to  prepare  and  furnish  to  the  state 
engineer  or  board  requesting  it  a  statement  of  the  value  of  such  land 
as  the  same  shall  be  appraised  by  him,  which  value  shall  be  arrived  at 
as  nearly  as  may  be  done  in  the  same  manner  and  upon  the  same  basis 
as  was  the  valuation  for  purposes  of  taxation  assessed  upon  other  lands 
in  the  precinct  similarly  situated,  and  the  valuation  so  made  by  the 
county  assessor  shall  be  furnished  to  the  election  board  of  the  precinct 
in  which  the  land  so  valued  is  situated  and  shall  be  used  by  the  election 
board  in  determining  the  number  of  votes  which  the  holder  of  title  or 
evidence  of  title  to  such  land  is  entitled  to  cast. 

Publication,  how  and  where  made. 

Sec.  52.  Whenever  any  notice  or  publication,  or  notice  of  publica- 
tion, or  official  advertising,  or  publication  of  process  is  required  to  be 
given  or  made  by  the  provisions  of  this  act  the  same,  unless  otherwise 
specifically  provided  in  this  act,  shall  be  given  or  made  in  a  newspaper 
of  general  circulation  as  defined  by  the  laws  of  this  state,  printed  and 
published  in  each  county  in  which  any  of  the  lands  in  a  water  storage 
district,  or  a  proposed  water  storage  district,  are  situated,  and  if  in  any 
such  county  or  counties  there  be  no  such  newspaper  then  in  a  news- 
paper printed  and  published  in  an  adjoining  county,  the  time  of  the 
giving  or  making  of  said  notices,  publication,  or  advertising  shall  be, 
unless  otherwise  specifically  provided  in  this  act,  once  a  week  for  two 
successive  weeks.     (Stats.  1923,  p.  963.) 

State  engineer,  additional  duties  of. 

Sec.  53.  The  .state  engineer  shall  have  authority  and  it  shall  be  his 
duty  to  give  information,  so  far  as  may  be  practicable,  to  persons  con- 
templating the  organization  of  a  water  storage  district,  and  whenever 
the  department  of  engineering  of  this  state  shall  deem  it  in  the  public 
interest  that  preliminary  surveys  and  field  investigations  of  proposed 


CALIFORNIA    IRRIGATION   DISTRICT    LAWS.  Ii9 

Avater  storage  district  projects  shall  be  made  at  the  expense  of  the  state 
the  state  engineer  shall  make  such  surveys  and  investigation  and  pre- 
pare a  report  thereof  which  shall  be  kept  on  file  in  liis  office. 

Validity  of  section. 

Tarpey  vs.  McClure,  65  Cal.  Dec.  244. 

Records  of  proceedings. 

Sec.  54.  The  state  engineer  and  the  board  of  directors  of  evjry 
water  storage  district  shall,  respectively,  cause  to  be  entered  in  books  to 
be  kept  for  that  purpose  a  complete  and  connected  record  of  all  their 
acts  and  transactions  and  shall  execute  all  contracts  and  other  written 
instruments  in  duplicate,  one  copy  of  each  of  which,  together  witli  any 
other  documents,  instruments,  or  other  papers  filed  with  them,  shall 
be  kept  and  preserved  on  file  in  their  respective  offices  and  open  to 
inspection  by  the  public  during  business  hours.  Said  records  and  aU 
documents,  instruments,  or  other  papers  filed  as  above  provided,  or  a 
copy  or  copies  of  any  thereof  certified  by  the  state  engineer  or  secretary 
of  the  board,  shall  be  received  in  evidence  without  further  proof  in 
any  court  of  this  state,  or  before  any  board  or  tribunal  authorized  to 
hear  or  consider  a  matter  wherein  the  same  shall  be  properly  admissible 
in  evidence. 

Title  to,  and  disposition  of  property. 

Sec.  55.  The  legal  title  to  aU  property  acquired  under  the  provi- 
sions of  this  act  shall  by  operation  of  law,  immediately  upon  the 
acquisition  thereof,  vest  in  the  water  storage  district  by  which  it  is 
acquired,  and  shall  be  held  by  such  district  in  trust  for  the  uses  and 
purposes  set  forth  in  this  act,  and  is  hereby  dedicated  and  set  apart 
to  said  uses  and  purposes.  The  board  of  directors  is  hereby  authorized 
and  empowered  to  hold,  use,  manage,  occupy,  and  possess  said  property 
and  may  determine  by  resolution  duly  entered  upon  its  minutes,  that 
any  property,  real  or  personal,  held  by  the  district  is  not  necessary  for 
the  uses  and  purposes  thereof  and  may  sell  the  same  for  an  adequate 
consideration;  and  a  conveyance  or  transfer  of  any  of  the  property 
of  a  district  executed  by  the  president  and  secretary  of  its  board  of 
directors  in  pursuance  of  a  resolution  of  the  board  adopted  as  above 
provided,  shall  convey  good  title  to  the  property. 

Warrants,  how  drawn. 

Sec.  56.  "Warrants  drawn  by  the  state  engineer  shall  be  signed  by 
him  and  shall  be  drawn  upon  the  treasurer  of  the  water  storage  district. 
Warrants,  drawn  by  the  board  of  directors  shall  be  signed  by  its  presi- 
dent and  secretary  and  countersigned  by  its  treasurer,  and  shall  be 
drawn  upon  the  county  treasurer  of  a  county  having  funds  belonging 
to  the  district  in  his  possession  for  payment  of  the  principal  or  interest 
of  bonds,  and  upon  the  treasurer  of  the  district  or  the  county  treasurer 
of  such  a  county,  as  the  case  may  be,  for  pavonent  of  all  other  claims 
and  demands. 

Warrants,  payment  of  and  interest  on  unpaid. 

Sec.  57.  "Whenever  any  warrant  of  the  district  payable  on  demand 
is  presented  for  payment  when  funds  are  not  available  for  the  payment 


150  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

thereof,  it  shall  thereafter  draw  interest  at  a  rate  to  be  determined  by 
resolution  of  the  board  of  directors,  not,  however,  to  exceed  seven  per 
centum  per  annum,  until  public  notice  is  given  that  such  funds  are 
available.  Upon  the  presentation  of  any  such  warrants  for  payment 
when  funds  of  the  district  are  not  available  to  pay  the  same,  the 
treasurer  of  the  district  or  of  the  county,  as  the  case  may  be;  shall 
endorse  thereon  the  words  "funds  not  available  for  payment,"  with 
the  date  of  presentation,  and  shall  specify  the  interest  that  such  war- 
rants shall  thereafter  bear  and  shall  sign  his  name  thereto.  He  shall 
keep  a  record  showing  the  number  and  amount  of  each  such  warrant, 
the  date  of  its  issuance,  the  person  in  whose  favor  it  was  issued,  and 
the  date  of  its  presentation  for  payment,  and  such  warrant  is  and  shall 
be  considered  as  a  contract  in  writing  for  the  payment  of  money  and 
the  period  prescribed  for  the  commencement  of  in  action  based' upon 
such  warrant  is  and  shall  be  four  years  from  the  date  of  issuance. 
"Whenever  there  is  sufficient  money  in  the  treasury  to  pay  all  such 
outstanding  warrants,  or  whenever  the  board  of  directors  shall  order 
that  all  such  warrants  presented  for  payment  prior  to  a  certain  date 
be  paid  and  there  is  sufficient  money  available  for  such  payment,  the 
proper  treasurer  shall  publish  a  notice  once  a  week  for  two  successive 
weeks  in  some  newspaper  published  in  the  county  in  which  the  office  of 
the  board  of  directors  is  situated,  stating  that  he  is  prepared  to  pay  all 
warrants  of  the  district  for  the  payment  of  which  funds  were  not  avail- 
able upon  their  original  presentation,  or  all  such  warrants  which  wei-e 
presented  for  payment  prior  to  the  date  fixed  by  the  board  of  directors 
as  the  case  may  be,  and  no  further  description  of  the  warrants  entitled 
to  payment  need  be  made  in  such  notice.  Upon  the  presentation  of 
any  warrant  entitled  to  payment  under  the  terms  of  such  notice,  the 
treasurer  shall  pay  it  together  with  interest  thereon  at  the  rate  specified 
by  the  board  of  directors,  from  the  date  of  its  original  presentation 
for  payment  to  the  date  of  the  first  publication  of  said  notice,  and  all 
warrants  for  the  payment  of  which  funds  are  declared  in  said  notice 
to  be  available  shaU  cease  to  draw  interest  at  the  time  of  the  first  publi- 
cation of  said  notice.  The  treasurer  shall  enter  in  the  record  herein- 
before required  to  be  kept,  the  dates  of  the  payment  of  all  such  war- 
rants, the  names  of  the  persons  to  wliom  payments  are  made,  and  the 
amount  paid  to  each  person. 

Declaration  of  public  use. 

Sec.  58.  It  is  hereby  declared  that  the  State  of  California  has  a 
paramount  interest  in  the  storage,  conservation  and  diversion  of  water, 
the  prevention  of  floods,  the  irrigation,  drainage,  and  reclamation  of 
land  and  the  production  of  electric  energy;  and  that  such  storage, 
conservation,  diversion,  irrigation,  prevention  of  floods,  reclamation, 
drainage,  and  production  of  electric  energy  will  make  productive  vast 
quantities  of  land  that  are  comparatively  uuproductive  and  will 
increase  production,  property  valuations  and  population  in  the  state, 
make  profitable  the  cultivation  of  small  tracts  and  promote  subdivision 
of  larger  tracts,  and  will  promote  the  welfare  and  prosperity  of  all  the 
people.  The  powers  herein  conferred  upon  the  state  engineer  and 
board  of  directors  are  hereby  declared  to  be  police  and  regulatory 
powers  and  are  necessary  to  the  accomplishment  of  a  purpose  that  is 


CALIFORNIA    IRRIGATION   DISTRICT   LAWS.  151 

indispensable  to  the  public  interests,  and  the  water  storage  districts 
hereunder  provided  to  be  formed  are  districts  of  the  nature  of  irri- 
gation, reclamation,  or  drainage  districts  in  respect  to  all  matters  con- 
templated in  the  provisions  of  the  constitution  of  the  State  of  Cali- 
fornia relating  to  irrigation,  reclamation,  or  drainage.  The  use  of  all 
water  required  for  the  irrigation  of  the  lands  of  any  district  formed 
under  the  provisions  of  this  act  and  for  domestic  and  other  incidpntal 
and  beneficial  uses  within  such  district,  together  with  the  rights  of  way 
for  canals  and  ditches,  sites  for  reservoirs  and  all  other  property 
required  in  fully  carrying  out  the  provisions  of  this  act  is  hereby 
declared  to  be  a  public  use,  subject  to  the  regulation  and  control  oC 
the  state,  in  the  manner  prescribed  by  law. 

Exemption  of  property  from  taxation. 

Sec.  5!1.  The  riglits  of  way,  ditch&s,  canals,  flumes,  pipe  lines,  dams, 
water  rights,  reservoirs,  power  plants,  and  transmission  lines,  and  all 
other  property  of  like  character  belonging  to  a  water  storage  district 
shall  not  be  taxed  for  state  and  county  or  municipal  purposes. 

Conduct  of  actions. 

Sec.  60.  The  court  or  other  board  or  tribunal  having  jurisdiction 
before  whom  anj^  action,  proceeding,  or  contest  in  this  act  provided  for 
is  heard  shall,  when  considering  the  regularity,  legality,  or  correctness 
thereof,  disregard  any  ei'ror,  irregularity,  or  omission  which  does  not 
affect  the  substantial  rights  of  the  parties  concerned.  In  all  such 
actions,  proceedings,  or  contests  the  rules  of  pleading  and  practice 
provided  by  the  Code  of  Civil  Procedure  of  California,  in  so  far  as 
they  are  not  inconsistent  with  the  provisions  of  this  act,  shall  apply. 
A  motion  for  a  new  trial  or  hearing  in  such  action,  proceeding,  or 
contest  must  be  heard  and  determined  within  ten  days  from  the  filing 
of  the  notice  of  intention.  The  costs  on  any  such  action,  proceeding, 
or  contest  may  be  allowed  and  apportioned  between  the  parties  or  taxed 
to  the  defeated  party  in  the  discretion  of  the  court,  board,  or  tribunal 
before  whom  the  same  is  heard.  No  such  action,  proceeding,  or  contest 
shall  be  commenced  other  than  within  the  time  and  manner  herein 
specified,  and  in  the  determination  thereof  all  findings  of  fact  or  con- 
clusions of  the  state  engineer  or  the  board  of  directors  upon  all  matters 
shall  be  held  to  be  conclusive  unless  the  action,  proceeding,  or  contest 
was  instituted  within  six  months  after  such  findings  or  conclusions  were 
made. 

Consolidation  of  actions. 

Sec.  61.  If  two  or  more  actions  or  contests  shall  be  pending  at  the 
same  time  in  the  same  court  or  before  the  same  board  or  tribunal  for 
the  purpose  of  contesting  or  determining  the  validity  of  identical  or 
similar  acts  or  matters  under  the  provisions  of  this  act,  said  actions 
or  contests  shall  be  consolidated  and  tried  together. 

Neglect  of  official  to  perform  duty. 

Sec.  62.  It  shall  be  the  duty  of  the  state  engineer  to  ascertain 
whether  the  duties  relating  to  the  levying  and  collection  of  any  assess- 
ment or  assessments  provided  for  in  this  act  have  been  performed  by 


152  CALIFORNIA   IRRIGATION   DISTRICT    LAWS. 

the  proper  officer,  and  if  the  engineer  shall  learn  that  any  officer  of  the 
district  or  of  any  county  therein  has  neglected  or  refused  to  perform 
such  duty  he  shall  forthwith  notify  the  district  attorney  of  the  county 
in  which  the  office  of  the  district  is  located  of  such  failure  or  neglect, 
and  said  district  attorney  shall,  thereupon,  after  due  notice  to  the 
official  or  officials  involved,  take  such  proceedings  in  court  as  may  be 
necessary  to  compel  the  performance  of  such  duty. 

Penalty  for  violation  of  duty  by  officer. 

Sec.  63.  For  any  wilful  violation  of  any  express  duty  in  this  act 
provided  for  on  the  part  of  any  officer  herein  named,  such  officer  shall 
be  liable  upon  his  official  bond  and  shall  be  subject  to  removal  from 
office  by  proceeding  brought  in  the  superior  court  of  the  county  in 
which  the  office  of  the  board  of  directors  of  the  district  is  located,  by 
any  assessment  payer  of  the  district. 

Omission  of  land  from  assessment. 

Sec.  64.  In  the  event  any  land  subject  to  assessment  is  not  assessed 
or  does  not  appear  upon  the  assessment  book  of  the  district  for  any 
year,  the  land  so  omitted  may  be  assessed  in  the  next  or  any  year 
following,  and  the  amount  of  such  assessment  shall  be  added  to  and 
become  a  part  of  the  assessment  levied  upon  the  land  for  such 
subsequent  year. 

Dissolution  of  district. 

Sec.  65.  Any  water  storage  district  organized  pursuant  to  the  pro- 
visions of  this  act  may  be  dissolved  for  the  same  reasons,  under  the 
same  circumstances,  in  the  same  manner,  upon  the  same  conditions, 
and  with  the  same  results  as  is  or  may  be  provided  by  the  laws  of  this 
state  for  the  dissolution  of  irrigation  districts  organized  under  the  laws 
of  California;  provided,  that  in  case  a  contract  authorized  by  law  has 
been  made  between  a  water  storage  district  and  the  United  States  per- 
taining to  the  construction,  maintenance,  or  operation  of  the  works  of 
the  district,  or  the  delivery  or  supply  of  water  therefor,  no  such  district 
shall  be  dissolved  nor  shall  any  proceedings  be  initiated  by  a  court  or 
otherwise  for  the  purpose  of  dissolving  such  district,  unless  and  until 
the  consent  in  writing  of  the  secretary  of  the  interior  to  such  dissolu- 
tion or  proceedings  has  first  been  obtained. 

Constitutionality. 

Tarpey  vs.  McClure,  65  Cal.  Dec.  244. 

Title  of  act. 

Sec.  66.  This  act  shall  be  known  and  may  be  referred  to  in  any 
action,  proceeding,  or  legislative  enactment,  as  the  "California  water 
storage  district  act." 

Unconstitutionality  of  part  of  act,  effect  of. 

Sec.  67.  If  any  section,  subdivision,  sentence,  clause,  or  phrase  of 
this  act  be  for  any  reason  held  to  be  unconstitutional,  such  decision 
shall  not  affect  the  validity  of  the  remaining  portions  of  this  act ;  and 
the  legislature  hereby  declares  that  it  would  have  passed  this  act  and 


CALIFORNIA   lERIGATION   DISTRICT   LAWS.  153 

each  and  every  other  section,  subdivision,  sentence,  clause,  and  phrase 
thereof,  irrespective  of  the  fact  that  any  one  or  more  sections,  sub- 
divisions, sentences,  clauses,  or  phrases  of  this  act  be  declared  uncon- 
stitutional. 

Noninterference  with  vested  rights. 

Sec.  68.  Nothing  in  this  act  contained  shall  be  so  construed  as  to 
affect  or  impair  the  vested  right  of  any  person,  association,  or  corpora- 
tion to  the  use  of  water.     (Stats.  1923,'  p.  963.) 

Repeal  of  other  acts. 

Sec.  69.  The  California  irrigation  act,  approved  June  4,  1915,  and 
all  acts  amendatory  thereof,  and  all  acts  and  parts  of  acts  inconsistent 
with  any  of  the  provisions  of  this  act,  are  hereby  repealed,  but  nothing 
in  this  act  .shall  be  construed  as  repealing  or  in  anvwise  modifying  the 
provisions  of  any  other  act  relating  to  the  subject  of  irrigation. 

Repeal  constitutional. 

Tarpey  vs.  McChirej  65  Cal.  Dec.  244. 


354  CALIFORNIA    IRRIGATION   DISTRICT   LAWS. 

CALIFORNIA  WATER  CONSERVATION  DISTRICT  ACT. 

An  act  providing  for  the  organization,  operation,  maintenance,  and 
government  of  water  conservation  districts,  and  for  the  acquisition, 
aijpropriation,  diversion,  storage,  conservation,  and  distribution  of 
water  for  irrigation  of  lands  in  such  districts,  for  drainage  and 
reclamation  connected  therewith;  and  for  the  generation,  disposition, 
and  sale  of  hydro-electric  energy  developed  incidental  to  such  storage 
and  distribution;  and  for  the  acquisition  of  lands  or  rights  therein 
and  the  acquisition,  construction,  operation,  and  maintenance  of 
works  to  carry  into  effect  the  provisions  of  this  act;  and  creating  a 
state  board  to  be  known  as  the  "state  irrigation  board,"  and  defining 
its  powers  and  duties,  and  the  methods  and  procedure  of  exercising 
such  powers  and  duties. 

(Approved  June  18,   1923;   Stats.   1923,  p.   97S.) 
State  irrigation  board  created. 

Section  1.  There  is  created  a  board  to  be  Imown  as  the  "state 
irrigation  board,"  which  board  shall  consist  of  the  state  enarineer  and 
two  executive  directors. 

That  said  board  shall  constitute  a  body  corporate  and  body  politic  for 
the  purpose  of  exercising  the  powers  and  performing  the  acts  herein 
mentioned,  and  said  board  shall  have  the  power  to  sue  and  be  sued. 

The  executive  directors  provided  for  by  the  California  water  storage 
district  act,  Statutes  of  1921,  page  1727,  and  approved  June  3,  1921,  are 
hereby  declared  to  be  and  are  hereby  constituted  the  two  executive 
directors  of  the  "state  irrigation  board"  herein  created;  provided,  how- 
ever, that  if  any  of  the  offices  provided  for  in  the  said  California  water 
storage  di-strict  act  are  vacated  or  declared  vacant  or  abolished,  the 
governor  shall  without  delay  appoint  the  executive  members  of  said 
board  herein  created  and  said  executive  directors  so  appointed  by  the 
governor  shall  serve  for  four  years  and  until  their  successors  have  been 
appointed.  Their  successors  shall  be  appointed  and  all  vacancies  shall 
be  filled  by  appointment  in  like  manner. 

One  of  said  executive  directors  shall  have  at  least  five  years  practical 
experience  in  irrigation,  and  the  other  of  whom  shall  have  at  least  five 
years  experieuce  in  administration  and  both  of  whom  shall  be  residents 
of  this  state  and  continue  to  be  such  residents  during  the  term  of  their 
office. 

The  office  of  the  state  irrigation  board  herein  created  shall  be  at  the 
city  of  Sacramento,  in  the  State  of  California. 

Bach  executive  director  shall  receive  as  compensation  the  sum  of 
twenty  (20)  dollars  per  day  for  each  day  actually  employed  in  the  per- 
formance of  duties  under  this  act  and  shall  receive  actual  traveling 
expenses  when  engaged  in  the  performance  of  such  duties,  which  shall 
be  charged  as  a  part  of  the  cost  of  the  project  of  the  proposed  water 
conservation  district  for  which  such  duties  are  performed. 

Officers  and  employees  of  board. 

Sec.  2.  The  state  engineer  shall  be  the  chairman  of  the  state  irriga- 
tion board  herein  created  and  said  board  shall  employ  a  secretary  and 
such  attorneys,  engineers  and  other  employees  and  assistants  as  it  may 
require  and  shall  fix  the  term  of  their  employment  and  compensation. 


CALIFORXLi.   lERIGATIOX   DISTRICT   LAWS.  155 

Power  to  organize  water  conservation  districts. 

Sec.  3.  The  state  irrigation  board  shall  have  the  power  to  unite  into 
single  districts  in  the  manner  and  for  the  purposes  provided  in  this  act, 
irrigation  districts,  water  storage  districts,  reclamation  districts,  drain- 
age districts  and  other  political  subdivisions  of  the  state,  organized  to 
promote  irrigation,  reclamation  or  drainage,  which  united  districts 
shall  be  known  and  are  herein  referred  to  as  water  conservation  dis- 
tricts; and  the  purposes  of  the  formation  of  such  districts  being 
primarih'  to  provide  for  the  storage  of  waters  and  the  development  of 
hydro-electric  energy  in  conjunction  therewith  and  incidental  thereto,  to 
promote  the  irrigation  of  the  lands  therein,  and  in  connection  therewith 
and  incidental  thereto  the  reclamation  and  drainage  and  flood  control 
of  such  lands.  The  legislature  hereby  declares  that  every  such  water 
conservation  district,  formed  as  herein  pro\"ided,  is  and  shall  be  an 
irrigation  district  within  the  meaning  of  section  thirteen  of  article 
eleven  of  the  constitution  of  the  State  of  California,  and  within  the 
meaning  of  every  other  provision  of  said  constitution  relating  to  irriga- 
tion districts.  Such  water  conservation  districts  shall  be  composed  of 
three  or  more  units,  all  or  any  of  which  units  shall  be  irrigation  districts, 
water  storage  districts,  reclamation  districts,  drainage  districts,  or 
other  political  subdivisions  of  the  state  organized  to  promote  ii-rigation, 
reclamation  or  drainage  or  flood  control. 

Petition  for  organization. 

Sec.  4.  Whenever  three  or  more  of  such  units,  all  or  any  of  which 
vuiits  shall  be  irrigation  districts,  reclamation  districts,  drainage  dis- 
tricts, water  storage  districts  or  other  political  subdivisions  of  the  state 
organized  to  promote  irrigation,  reclamation  or  drainage  or  flood  control 
now  or  hereafter  to  be  formed,  can  use  a  common  sj'stem  of  works  and 
all  the  land  situated  therein  be  benefited  by  such  works,  the  governing 
boards  of  any  three  or  more  of  said  units  may  present  a  petition  to  the 
state  irrigation  board  herein  created  for  the  purpose  and  object  of  creat- 
ing a  water  conservation  district.  Said  petition  shall  designate  by  name 
or  otherwise  the  units  joined  in  such  petition  and  the  water  to  be  stored, 
used  or  acquired  and  shall  outline  generally  the  character  and 
location  of  the  proposed  works  and  pray  that  said  units  be  united  in 
pursuance  of  the  provisions  of  this  act  so  as  to  create  a  water  conserva- 
tion district. 

Said  petition  shall  be  signed  by  the  presiding  officers  and  the  secre- 
tary or  clerk  of  the  governing  board  of  each  of  said  units  under  seal 
of  said  units  so  petitioning  said  state  irrigation  board  to  fonn  a  water 
conservation  district  as  herein  provided. 

Said  petition  may  be  contained  in  separate  instruments  presented  by 
each  unit  or  may  be  contained  in  one  or  more  instruments  presented 
by  any  or  all  of  said  units.  Such  petition  must  be  accompanied  by  a 
certified  copy  of  a  resolution  of  the  governing  boards  of  each  petition- 
ing unit,  authorizing  the  presiding  officer  and  the  secretary  or  clerk  to 
execute  the  same. 

Said  petition  must  be  accompanied  with  a  good  and  sufficient  under- 
taking or  agreement  to  be  approved  by  the  state  irrigation  board  herein 
created,  conditioned  that  the  sureties  or  signers  shall  pay  all  of  the 
costs  and  expenses  in  connection  with  the  investigation  herein  provided 


156  CALIFORNIA    IRRIGATION   DISTRICT    LAWS. 

for  in  case  said  organization  shall  not  be  finally  effected,  and  said  state 
irrigation  board  herein  created  shall  have  power  to  require  the  furnish- 
ing of  any  additional  undertaking,  or  undertakings,  or  payments  of 
money  in  case  they  should  deem  the  same  necessary;  provided,  however, 
that  the  cost  thereof  shall  not  in  the  aggregate  exceed  in  amount  in 
dollars  one-fourth  the  number  of  acres  in  such  proposed  water  con- 
servation district  and  shall  be  deemed  a  part  of  the  expense  of  said  proj- 
ect, and  said  state  irrigation  board  herein  created  may  require  the  same 
to  be  paid  b.y  tlie  proponents  of  said  district,  and  the  sum  so  collected 
and  expended  by  said  state  irrigation  board  '-;hall  be  considered  and 
treated  as  a  proper  and  legal  charge  against  the  water  conservation 
district  and  which  shall  be  payable  out  of  the  funds  of  said  water  con- 
servation district  when  the  organization  thereof  has  been  completed. 

If  said  district  for  any  reason  be  not  orgauizfd  as  hereinafter  pro- 
vided for,  any  money  remaining  in  the  hands  of  said  state  irrigation 
board  shall  be  returned  to  petitioners. 

Upon  presentation  to  it  of  a  petition  or  petitions,  as  aforesaid  pray- 
ing for  the  formation  of  a  conservation  district,  the  state  irrigation 
board  herein  created  shall  fix  a  time  and  place,  which  place  shall  be 
within  the  county  in  which  the  lands  of  said  proposed  water  conserva- 
tion district  are  situated  and  if  the  lands  of  such  water  conservation 
district  are  situated  in  more  than  one  county,  then  in  any  one  of  such 
counties,  at  which  it  shall  hear  said  petition,  which  time  shall  be  not  less 
than  twenty-five  (25)  days,  nor  more  than  thirty  (30)  days,  after  the 
first  publication  of  the  notice  hereinafter  provided  for  in  section  five 
(5)  of  this  act. 

Notice  of  hearing. 

Sec.  5.  Said  petition  together  with  a  notice  stating  the  time  and 
place  of  the  hearing  so  fixed  bj^  said  state  irrigation  board  shall  be 
published  in  each  county  in  which  any  of  the  Innds  of  said  proposed 
district  are  situated  in  a  newspaper  of  general  circulation,  published 
in  such  county  at  least  once  a  week  for  three  successive  weeks  before  the 
date  of  said  hearing ;  said  notice  shall  be  issued  by  the  said  state  irriga- 
tion board  herein  created,  shall  refer  to  said  petition  and  shall  be 
directed  to  the  petitioners  therein,  and  to  each  of  the  units  petitioning 
to  form  said  water  conservation  district,  and  to  ill  persons  holding  title 
or  evidences  of  title  to  any  lands  included  within  the  water  conservation 
district  proposed  in  said  petition,  and  to  all  persons  having  or  claiming 
any  right,  title  or  interest  in  and  to  the  waters  proposed  to  be  stored, 
acquired  or  used,  as  set  out  in  said  petition,  and  to  all  other  persons  who 
may  be  interested  in  or  affected  by  the  project  contemplated  in  said 
petition,  and  to  all  or  any  persons  in  any  way  interested  in  or  affected 
by  said  petition  or  the  formation  of  said  water  conservation  district,  and 
shall  be  substantially  in  the  following  form : 

Before  the  State  Irrigation  Board  of  the  State  of  California : 

To  the  petitioners  in  the  foregoing  petition  and  to  each  of  the  units 
petitioning  to  form  said  water  conservation  district,  and  to  all  persons 
holding  title  or  evidence  of  title  to  any  lands  included  within  the  water 
conservation  district  proposed  in  said  petition,  and  to  all  persons  having 
or  claiming  any  rights,  title  or  interest  in  and  to  the  waters  proposed  to 
be  stored,  acquired  or  used  as  set  out  in  said  petition,  and  to  all  other 


C^VLIFORNIA    IRRIGATION    DISTRICT    lAWS.  157 

persons  who  may  be  interested  in  or  affected  by  the  project  contem- 
plated in  said  petition,  and  to  all  or  any  persons  in  any  way  interested 
in  or  att'eeted  by  said  petition  or  the  formation  of  said  water  conserva- 
tion district : 

You  and  each  of  you  are  hereby  notified  that  the  foregoing  petition 

was  filed  with  the  state  irrigation  board  on  the day  of 

,  19 ,  and  will  be  heard  by  said  state  irrigation  board  at 

on  the L day  of ,  19 ,  at  the 

hour  of o'clock m.  of  said  day,  at  which  time  and  place  said 

state  irrigation  board  will  hear  and  receive  evidence  in  support  of  said 
petition  and  any  objections  Avhicli  may  be  presented  thereto. 

This  notice  is  given  pursuant  to  the  provisions  of  an  act  approved 
and  known  as  California  water  conservation  dis- 
trict act,  to  which  said  act  particular  reference  is  hereby  made. 

State  Irrigation  Board, 

By 

Bv 


Chairman 
Secretary 


Dated- 


When  contained  in  more  than  one  instrument  only  one  copy  of  said 
petition  need  be  published  but  the  name  attached  to  all  of  said  instru- 
ments must  appear  in  such  publication. 

Hearing. 

Sec.  6.  At  the  time  and  place  fixed  in  said  notice  the  state  irrigation 
board  shall  proceed  to  hear  said  petition  and  to  determine  whether  or 
not  the  same  complies  with  the  requirements  hereinbefore  set  forth  and 
whether  or  not  the  notice  filed  herein  has  been  published  as  required  and 
must  hear  all  competent  and  relevant  testimony  offered  in  support  of  or 
in  opposition  thereto. 

Said  hearing  or  any  adjournment  thereof  may  be  conducted  and 
heard  by  any  one  or  more  of  the  members  of  said  state  irrigation  board. 
Said  hearing  may  be  adjourned  from  time  to  time  as  the  state  irrigation 
board  or  any  member  or  members  thereof  conducting  the  same  may 
determine. 

For  the  purpose  of  performing  any  duty  luider  this  act  the  chairman 
of  the  state  irrigation  board  may  appoint  one  or  more  of  its  members 
to  conduct  any  hearing  or  investigation.  Such  member  or  members 
shall  make  a  written  report  to  the  state  irrigation  board  of  the  pro- 
ceedings taken  at  such  hearing  and  shall  state  tlie  evidence  introduced 
at  such  hearing  and  his  or  their  conclusions  thereon. 

Upon  such  report  or  upon  such  furtlier  hearing  as  the  state  irrigation 
board  shall  deem  proper,  the  state  irrigation  board  may  pass  upon  and 
decide  any  question  under  consideration  at  said  hearing.  The  decision 
of  the  state  irrigation  board  shall  be  final  except  as  to  questions,  the 
determination  of  which  are  vested  in  the  courts  by  this  act  or  by  the 
con.stitution  of  this  state  or  by  the  constitution  of  the  United  States. 

No  defect  in  the  contents  of  the  petition  or  in  the  title  to  or  form  of 
the  notice  or  signatures  to  said  notice  or  petition  shall  vitiate  any  pro- 
ceedings thereon. 


158  C.VLIFOKNIA    IRRIGATION    DISTRICT   LAWS. 


I 


If  there  shall  be  presented  at  such  hearing  or  at  any  time  before  the 
final  order  herein  provided  for  of  the  state  irrigation  board,  a  written 
objeetion  or  objections  signed  by  the  owners  of  more  than  one-half  of 
the  lands  in  any  such  units  or  constituent  districts,  or  a  majority  in 
numbers  of  the  holders  of  title  or  evidence  of  title,  according  to  the 
ecjualized  county  assessment  roll  or  rolls  for  the  year  last  preceding, 
the  signing  of  such  petition  by  the  officers  of  such  constituent  district 
or  unit  shall  be  deemed  to  be  nullified,  and  the  state  irrigation  board 
shall  have  no  power  to  include  such  unit  or  district  within  the  proposed 
water  conservation  district. 

Water  and  power  survey. 

Sec.  7.  The  state  irrigation  board  shall  before  making  a  final  order 
creating  a  water  conservation  district  as  in  this  act  provided,  proceed  to 
make  or  cause  to  be  made  all  such  examinations,  surveys,  estimates  of 
costs  for  the  accjuisition,  appropriation,  diversion,  storage,  conservation 
and  distribution  of  water,  any  drainage  or  reclamation  or  flood  control 
works  in  connection  therewith  and  works  for  thi  generation  of  hydro- 
electric power  incident  thereto  and  the  sale  and  distribution  thereof,  as 
may  be  necessary  or  requisite  to  enable  said  state  irrigation  board  to 
ascertain  and  estimate  the  requirements  and  works  necessary  for  the 
purpose  of  said  water  conservation  district  as  prayed  for  in  said  petition 
and  the  cost  and  expense  thereof,  and  to  make  a  report  thereon  as 
herein  provided. 

In  such  connection  said  state  irrigation  board  may  use  and  adopt  all 
previous  estimates,  surveys,  reports  and  other  data  it  may  have  ae(iuired 
or  which  are  available  to  it,  adapted  to  that  purpose  and  may  employ  all 
necessary  engineers,  attorneys  and  other  assistants  for  the  accomplish- 
ment of  said  purposes,  and  the  cost  thereof  shall  be  deemed  a  part  of 
the  expense  of  the  investigation  and  organization  of  such  water  con- 
servation district  as  provided  in  section  four  hereof,  and  shall  be  a 
charge  against  said  water  conservation  district  if  created. 

Upon  the  completion  of  said  examination  and  study  of  the  proposed 
project  by  said  state  irrigation  board,  said  board  shall  prepare  a  report 
thereof,  in  which  report  shall  be  set  forth  the  character  and  nature  of 
the  proposed  works,  a  description  of  the  rights  to  water,  to  lands,  and 
other  property  necessary  to  be  acquired  to  carry  said  project  to  comple- 
tion, accompanied  bj^  an  estimate  of  the  cost  of  said  project.  A  copy 
of  such  report  and  estimate  shall  be  kept  on  file  in  the  office  of  the  state 
irrigation  board  and  be  open  to  inspection  during  business  hours  by 
all  interested  persons  or  parties. 

Apportionment  of  water  power,  etc. 

Sec.  8.  The  state  irrigation  board  shall  before  making  the  final  order 
creating  a  water  conservation  district,  by  order  duly  entered  in  its 
minutes,  apportion  to  each  constitutent  district  or  unit  of  said  water 
conservation  district,  the  portion  to  which  it  is  entitled  of  all  the  water 
storage  capacity  in  the  proposed  reservoir,  the  waters  stored  or  to  be 
stored  or  diverted  or  to  be  diverted  by  such  project  for  the  irrigation  of 
the  lands  of  the  water  conservation  district,  and  all  power  developed  or 
to  be  developed  incidental  thereto  or  in  connection  therewith,  and  in 
making  such  apportionment  it  must  take  into  consideration  the  present 


CALIFORNIA   IRRIGATION   DISTRICT    LAWS.  159 

water  rights  and  tlie  additional  water  necessary  t'>  perfect  the  irrigation 
of  the  lands  of  each  unit,  and  the  apportionment  of  power  to  each  unit 
shall  be  in  the  same  proportion  to  the  whole  as  its  apportionment  of 
capacity  in  the  reservoir,  which  proportion  of  such  water  and  power 
shall  be  forever  applied  to  the  purpose  and  for  the  benefit  of  such  con- 
stituent district  or  unit. 

Said  board  shall  likewise  in  such  order  determine,  define  and  appor- 
tion to  each  of  such  constituent  districts  or  units  the  proportion  of  all 
costs  and  expense  of  the  project  to  be  paid  by  it,  including  the  costs 
and  expen.ses  of  said  irrigation  board  in  connection  therewith,  same 
to  be  based  upon  and  in  proportion  to  the  allotment  of  water  storage 
capacity,  water  and  power  apportioned  to  each  unit  plus  the  benefit  of 
reclamation  or  drainage  or  flood  control  to  such  unit.  A  copj'  of  such 
order  duly  certified,  shall  be  served  on  each  of  the  constituent  districts 
or  units  by  delivering  the  same  to  some  officer  thereof,  and  provided 
that  nothing  herein  contained  shall  be  deemed  to  confer  on  said  state 
irrigation  board  or  upon  any  water  conservation  district  formed  under 
the  provisions  of  this  act  the  right  to  impair  or  deprive  any  person,  cor- 
poration or  district  of  any  vested  right  in  or  to  any  water  without  due 
process  of  law. 

Cost  of  work  beneficial  to  particular  district. 

Sec.  9.  When  any  of  the  proposed  works  of  a  water  conservation 
district  will  serve  the  purpose  of  drainage,  flood  control  or  reclamation 
within  a  constituent  district  or  unit  of  a  water  eon-^ervation  district,  the 
state  irrigation  board  may  estimate  the  proportion  of  the  cost  of  said 
construction  which  may  be  properly  charged  to  the  constituent  district 
or  unit  benefited  by  such  drainage,  flood  control  or  reclamation  and 
earr.y  such  amount  into  the  total  sum  to  be  paid  by  such  constituent 
district  or  unit. 

Election. 

Sec.  10.  After  making  the  order  of  apportionment  provided  for 
in  section  eight  hereof  the  state  irrigation  board  shall  make  an  order 
directing  the  governing  board  of  each  unit  or  eonatituent  district  to  call 
an  election  to  be  held  on  the  one  hundred  twentieth  day  after  the  making 
of  said  order  by  said  irrigation  board  apportioning  the  benefits  and 
costs  and  expenses  as  herein  provided. 

Said  order  of  the  state  irrigation  board  last  above  provided  for  shall 
contain  the  name  of  the  proposed  water  conservation  district  and  shall 
describe  the  territory  embraced  within  such  proposed  water  conservation 
district  b.v  naming  the  constituent  units  or  districts  proposed  to  be 
joined  therein  as  set  forth  in  the  petition  of  said  state  irrigation  board. 

Upon  receiving  and  filing  a  copy  of  said  order  of  said  state  irrigation 
board  duly  certified  by  the  secretary  of  said  board,  it  shall  be  the  duty 
of  the  governing  board  of  each  of  said  constituent  districts  or  units  to 
call  said  election  to  be  held  as  herein  provided  for. 

In  addition  to  the  matters  and  things  required  bv  the  laws,  rules,  and 
regulations  of  the  unit  or  district  calling  such  election,  the  notice  of 
such  election  shall  contain  the  name  of  the  propo.sed  water  conservation 
district  and  the  description  of  the  territor.v  embraced  within  such  pro- 
posed water  conservation  district  by  naming  the  constituent  districts 


160  CALIFORNLV    IRRIGATION   DISTRICT    LAWS. 

or  units  proposed  to  be  joined  therein  as  set  forth  in  the  petition  to 
said  state  irrigation  board. 

At  such  election  there  shall  be  submitted  to  the  electors  or  voters  in 
each  of  such  units  or  districts  the  question  as  to  whether  or  not  a  water 
conservation  district  shall  be  organized  under  the  provisions  of  this  act. 
At  such  election  there  shall  also  be  submitted  to  the  electors  or  voters 
in  each  of  .s\ich  units  or  districts  the  question  whether  or  rot  bonds  shall 
be  issued  and  sold  in  an  amount  sufficient  to  pay  its  proportion  of  the 
costs  and  expenses  allotted  and  apportioned  to  such  unit  by  the  slate 
irrigation  board  in  said  order,  plus  fifteen  per  cent  in  addition  thereto 
for  contingencies.  The  ballots  to  be  cast  at  said  flection  shall  contain 
the  words.  "Water  conservation  district — Yes"  or  "Water  conserv'atiou 
district — No"  or  words  equivalent  thereto,  and  said  ballots  shall  also 
contain  the  words  "Bonds — ^Tes"  or  the  words  "Bonds — No,"  or  ^/ords 
equivalent  thereto. 

Order  establishing  district. 

Sec.  11.  Within  ten  (10)  days  after  such  election  has  beei-  held 
and  the  result  thereof  determined,  and  declared  it  shall  be  the  duty  of 
the  governing  board  of  each  petitioning  constituent  district  or  unit,  to 
have  the  secretary  of  said  governing  board  certify  to  the  said  state  irri- 
gation board,  the  result  of  such  election  and  whether  or  not,  said  bonds 
have  been  voted,  and  whether  or  not  the  constituent  district  or  unit 
represented  by  said  governing  board,  has  voted  in  favor  of,  or  against 
the  organization  of  said  conservation  district.  Within  ten  (10)  days 
after  the  state  irrigation  board  receives  the  said  certificates  from  all  of 
the  petitioning  units  or  districts,  said  board  shall  enter  an  order  that  a 
conservation  district  is  established  in  accordance  with  the  prayer  of  the 
petition;  i>rovided,  all  of  the  petitioning  districts  or  units,  have  voted 
in  favor  of  the  organization  of  said  conservation  dij^trict  and  have  voted 
the  bonds  at  the  election  held  for  that  purpose. 

A  certified  copy  of  said  order  shall  be  served  u]jon  the  secretary  or 
other  officer  of  the  governing  board  of  each  of  said  constituent  districts 
or  units,  and  a  copy  thereof,  duly  certified,  shall  be  recorded  by  said 
state  irrigation  board,  in  the  office  of  the  county  recorder  of  each  of  the 
counties  in  which  any  of  the  lands,  included  in  saj  \  water  conservation 
district,  are  situated. 

The  board  of  directors  of  each  constituent  distri:'t  or  unit,  shall  enter 
upon  its  minutes,  the  certified  copy  of  said  order,  so  received  by  it. 

The  state  irrigation  board  shall  also,  in  said  order  establishing  said 
water  conservation  district,  divide  said  water  conservation  district  into 
three,  five,  seven,  nine  or  eleven  subdivisions,  as  is  most  practicable, 
which  said  subdivisions  shall  be  designated  by  unmber,  and  in  making 
such  subdivisions,  the  said  board  shall  make  the  same  as  nearly  equal  in 
acreage  as  is  practicable :  provided,  however,  that  districts  or  units  or 
parts  thereof  created  or  formed,  under  different  hiws  or  acts  of  the  legis- 
lature, shall  not  be  .ioined  or  united  into  one  subdivision. 

A  majority  vote  in  each  particular  constituent  district  or  unit  shall 
be  required  to  carry  the  election  in  said  district  or  unit  in  favor  of  the 
organization  of  a  water  conservation  district. 


p 


CALJFOKvu.  mtaeA3XKs  »bibict  i^«s.  161 

&:~tr^=t--.  ;:  tfistnct;  ftffiiuH  at  directocsL 

master  eonserratkai  dsoriet  "^faxQ  be  governed  fas'  a 

rn^stii^  of  one  direetor  eketed  from  es"'     *  ^M 

r  zner  koon  provided.    Witkin  sixtv  r 

_-al  o*dcr  estahJi^Jmtg  die  waig  ecaisejva _j^- 

.^atiaai  boaid  shall  "ire  notke  of  an  deetiora  tc  be 

Tiaoi  of  audi  water  conserratkn  distziet  for  ilie 

J  3  dzrector  fwam  eaA  sabdnisioii,  and  diall  Sx  and 

<r-  -  a  cuivTeBieDt  mmber  c£  deetiara  preeocfss  in 

r  ^:d  water  eonaaratkn  distziet.  and  dcSne  die 

^'  and  at  kaat  one  iweeinet  nmst  be  estahlt^wd  for 

-^!-i  wato'  ecseemSini  dissnet.    Tliere  dull  also 

liee.  a  Tvtins  i^aee  or  places  in  eadi  sabdiTisicm 

-•■^Tz  :i  t.-  7:  a  cmssiiB*  of  one  derk.  one  inspector  and  two 

-^  for  eaA  TtMxas  pbee.  tlie  names  of  wttdt  said  offieers  of  eketion 

^.:  7'adSed  in  said  notiee.    Said  notice, ;»  to  tfe  dection  in  eadh 

^  n.  ^all  be  pasted  in  tiiiiee  poblie  idaees  in  each  cieetisD  pne- 

pmMidied  in  a  newspaper  of  genoal  drenlatsan  paUiAed  in 

'  ^  ~n  wlddi  aiK"  of  tiie  lan^  indoded  witkin  ilie  boandari€s  r>f 

s.:  :::sesTation  distriet  aie  atnated.  for  at  least  two  w>i<^ 

'      -  said  dttxioD. 

rkms  for  diieetofs  to  be  deeted  at  sueb  eleietion  skall 

iTrigatian  faoazd  in  tlie  wiannfT  berenaffcer  pso- 

'^-  natSni  petitims  with  tbc  board  of  dircetaxs  of  a 

;-A^  soA  dection  the  state  ini?atioa  b«ani 
sj  ^«eiiii^  to  eanvass  the  leEoms.  if  at  the 

r  -'  ai  eaeh  iniEeinet  in  the  waa^  etm- 

«■  ~  were  (^t^ed  have  beien  reeeved. 

xt~.  £:^:c  :      .  i  th»e  proceed  to  eanr^  tke 

retnms:  c  -^^m!  ree^red,  tiie  <ean¥;es  raost 

be  postpcr.  r^etoras  hare  heai  leeeiTed, 

or  until  sl^  7!:=  eanraasmasc  be  made 

in  pobiic  and  b^  opeuns  the  recor:  ^tins  the  Tose  of  each 

SBbdirkion  of  the  water  cons3^^'^  r  caefa  din^etcc  then^of 

'voted  for.  and  dedaiins  die-  Te>  -  aeereiaiy  af  HiK  nazr: 

iR^atJGB  board  mnst  immediairr..-  z^^x.-  y^i  -^^  'ieiirer  to  eaek  per^aon 
deeted  a  diiector  ol  a  sabdinsMii  of  the  Wats'  o^ser^atiOB  di^riet  a 
iertifieate  of  riff/jiifn  signed  by  Irim  and  asAoBtkated  widi  the  seal  of 
said  board. 

Sec.  13.    The  «L  ^ater  conaeniatiam  dietnet  shall  at  noon 

:^  the  seefflid  Toe-  --—--'   »~rT  their  deelioB  and  quali- 

ncation  iscet  and  '  nptm  diar  offinial  duties, 

deet  (me  of  their  ^  jippoint  a  secretary  and  a 

tz«asara'  neither  :  r  of  said  board,  and  all  of 

whos  shall  hcAi  :  t^i.^;:^^  ^  iz£  board.    The  board  ^all 

select  and  deaau'  "^  board,  whick  diall  be  in  one  o£  tte 

counties  in  whieh  -  f  dK  water  eaua^alioai  distnet  is 

sitaated.  whieh  di£_ ,,        :^.  r  of  the  distziet.  at  winch  ^te  board 

AjU  theteafter  hokl  its  mcfting?. 


162  CALIFORNIA   IRRIGATION   DISTRICT    LAWS. 

The  salary  of  the  secretary  and  the  treasurer  and  the  aiiuumt  of  the 
bond  to  be  given  by  each  for  the  faithful  performance  of  their  duties 
shall  be  fixed  by  the  board  of  directors.  The  board  shall  then  proceed 
to  cla.ssify  themselves  by  lot  into  classes  as  nearly  equal  in  number  as 
possible,  and  the  term  of  office  of  the  class  bavins:  the  lesser  number 
shall  expire  at  noon  on  the  second  Tuesday  in  ^March  followini;-  tlie  next 
general  February  election  provided  for  in  this  section  of  this  act  and  the 
term  of  office  of  the  class  having  the  greater  number  shall  terminate  at 
noon  on  the  second  Tuesday  in  March  following  the  next  general  elec- 
tion thereafter. 

An  election  which  shall  be  known  as  the  general  water  conservation 
district  election,  .shall  be  held  in  each  water  conservation  district  on  the 
first  Wednesday  in  February  of  each  odd-numbered  year  at  which  a 
successor  shall  be  chosen  to  each  director  whose  term  of  office  shall  expire 
at  noon  on  the  second  Tuesday  in  l\larch  next  thereafter.  The  term  of 
office  of  each  director  of  the  di.strict  elected  after  the  election  on  organ- 
ization provided  for  in  section  twelve  of  this  act  shall  be  four  (4^  years 
or  until  his  successor  is  elected  and  has  qualified. 

In  case  of  vacancy  in  the  office  of  director,  the  state  engineer  shall 
appoint  some  person  qualified  by  law  to  fill  such  vacancy  for  the  unex- 
pired term.  No  director  shall  be  elected  by  the  water  conservation  dis- 
trict at  large,  but  one  director  shall  be  elected  from  each  subdivision  to 
represent  such  siibdivision. 

Each  director  from  each  subdivision  shall  be  a  freeholder  in  the  sub- 
division he  represents. 

A  director  or  any  other  official  of  any  constituent  district  or  unit  shall 
be  eligible  to  hold  the  office  of  director  of  a  water  con.servatiou  district. 

Within  ten  days  after  receiving  their  certificates  of  election  or 
appointments  herein  provided  for,  each  member  of  the  board  of  directors 
shall  take  and  subscribe  the  official  oath,  and  file  the  same  in  the  office 
of  the  board  of  directors,  and  execute  the  bond  herein  provided  for. 
Each  member  of  said  board  of  directors  shall  execute  an  official  bond  in 
the  sum  of  .$5,000  which  said  bond  .shall  be  approved  by  a  .iudge  of  the 
superior  court  of  the  county  in  which  the  office  of  the  board  is  located, 
and  shall  be  recorded  in  the  office  of  the  county  recorder  of  such  county, 
and  filed  with  the  secretary  of  said  board.  All  official  bonds  herein  pro- 
vided for  .shall  be  in  the  form  prescribed  by  law  for  the  official  bonds  of 
county  officers  and  the  premiums  thereon  may  be  paid  by  the  water 
conservation  district. 

Nomination  and  election  of  directors. 

Sec.  14.  Not  less  than  than  ten  (10)  days  before  the  election  of 
directors  any  ten  (10)  or  more  qualified  voters  in  any  subdivision  of  the  ] 
water  conservation  district  may  file  with  the  board  of  directors  of  the 
water  conservation  district  a  petition  requesting  that  a  certain  person 
or  persons  specified  in  such  petition  be  placed  on  the  ballot  as  a  candi- 
date or  candidates  for  the  office  named  in  the  petition.  The  name  or 
names  proposed  by  the  various  petitions  so  filed,  and  no  others,  shall  be 
printed  on  the  ballot ;  but  there  shall  be  sufficient  blank  spaces  left  in 
which  voters  may  write  other  names,  if  they  so  desire.  The  petitions 
shall  be  preserved  in  the  office  of  the  board  of  directors  of  the  water 
conservation  district. 


CALIFOEXIA    IRRIGATIOX   DISTRICT   LAWS.  163 

Thirty  days  before  an  election  to  be  held  under  section  thirteen  of 
this  act  the  secretary  of  the  board  of  directors  of  a  water  conservation 
district  shall  cause  notices  to  be  posted  in  three  public  places  in  each 
election  precinct  of  the  time  and  place  of  holding  the  election,  and  shall 
also  post  a  general  notice  of  the  same  in  the  office  of  said  board,  which 
shall  be  established  and  kept  at  some  fixed  place  to  be  determined  by 
said  board,  specifying  the  polling  places  of  each  precinct.  Prior  to  the 
time  for  posting  the  notices,  the  board  must  appoint  for  each  precinct 
from  the  electors  thereof  a  clerk,  an  inspector  and  two  .iudges,  who  shall 
constitute  a  board  of  election  for  such  precinct.  If  the  board  fails  to 
appoint  a  board  of  election,  or  the  members  appointed  do  not  attend  at 
the  opening  of  the  polls  on  the  morning  of  the  election,  the  electors  of 
the  precinct  present  at  that  hour  ma.v  appoint  the  board,  or  supply  the 
place  of  an  absent  member  thereof.  The  board  of  directors  must,  in  its 
order  ai>poiuting  the  board  of  election  designate  the  house  or  place 
within  the  precinct  where  the  election  must  be  held. 

At  all  elections  held  under  the  provisions  of  this  act,  the  polls  shall  be 
opened  at  eight  o'clock  a.m.  and  remain  open  until  six  o'clock  p.m. 

The  inspector  .shall  be  chairman  of  the  election  board  and  may  admin- 
ister all  oaths  required  ia  the  process  of  an  election ;  and  appoint  judges 
if.  during  the  progi-ess  of  the  election,  any  judge  ceases  to  act.  Any 
member  of  the  board  of  election  may  administer  and  certify  oaths 
required  to  be  administered  during  the  progress  of  an  election.  Before 
opening  the  polls,  each  member  of  the  board  must  take  and  subscribe 
an  oath  to  faithfully  perform  the  duties  imposed  upon  him  by  law 
Any  voter  of  the  precinct  may  administer  and  certify  such  oath. 

The  ballot  used  at  the  election  of  directors  of  a  water  conservation  dis- 
trict, after  the  election  of  directors  on  organization,  shall  be  provided 
by  the  board  of  directors  of  a  water  conservation  district,  and  one  of  the 
judges  of  election  at  everj"  election  of  directors  of  a  water  conservation 
district  shall  deliver  to  each  of  the  qualified  voters  one  of  the  ballots  so 
provided.  The  ballots  to  be  used  in  each  subdivision  for  the  election  of 
a  director  from  said  subdi^'ision  shall  have  printed  on  them  the  names 
of  all  candidates  whose  names  have  been  filed  as  provided  in  this  act, 
with  a  voting  square  behind  each  name;  provided,  that  the  ballots  in 
each  subdivision  of  the  water  conservation  district  shall  have  on  them 
the  names  of  persons  to  be  voted  for  as  director  to  represent  that  sub- 
division only. 

As  soon  as  the  polls  are  closed,  the  election  officers  shall  count  the 
votes  cast  at  such  election,  and  a  certificate  shall  be  drawn  by  said  elec- 
tion officers  stating  the  niunber  of  votes  each  candidate  received,  and  the 
result  of  said  election.  The  certificate  as  aforesaid  shall  be  signed  by 
an  inspector  and  judge  of  such  election  board.  The  election  returns 
shall  be  immediatel.v  delivered  by  the  inspector  or  by  some  other  safe 
and  responsible  carrier  designated  by  said  inspector  to  the  secretary  or 
other  officer  of  the  water  conservation  district.  No  returns  from  elec- 
tion shall  be  set  aside  or  rejected  for  want  of  form  if  they  can  be  satis- 
factorily understood.  The  board  of  directors  of  the  water  conservation 
district  must  meet  at  the  u.sual  place  of  meeting  on  the  first  Monda.v 
after  election  to  canvass  the  returns.  If.  at  the  time  of  meeting,  the 
returns  from  each  precinct  in  the  district  in  which  the  polls  were  opened 
have  been  received,  the  board  of  directors  must  then  and  there  proceed 
to  canvass  the  returns;  but  if  all  the  returns  have  not  been  received 


164  CALIFORNIA   IRRIGATION   DISTRICT   LAWS. 

the  canvass  must  be  postponed  from  day  to  day  imtil  all  tlie  i-eturns 
have  been  received  or  until  six  (6)  postponements  have  been  made. 
The  canvass  must  be  made  in  public  and  by  opening  the  returns  and 
ascertaining  the  vote  of  each  subdivision  of  the  water  conservation  dis- 
trict for  each  director  voted  for  and  declaring  the  result  thereof. 

The  person  receiving  the  highest  number  of  votes  in  any  election  held 
in  a  subdivision  of  a  water  conservation  district  for  the  election  of 
directors  shall  be  elected  as  director. 

The  secretary  of  the  water  conservation  district  must  immediately 
make  out  and  deliver  to  each  person  elected  a  director  of  a  subdivision 
of  the  water  conservation  district  a  certificate  of  election  signed  by  him 
and  authenticated  with  the  seal  of  said  water  conservation  district. 

The  board  of  directors  of  a  water  conservation  district  shall  establish 
a  convenient  number  of  election  precincts  in  each  subdivision  of  a  water 
conservation  district  and  define  the  boundaries  thereof,  and  at  least  one 
.such  precinct  must  be  established  for  each  .subdivision  of  said  water 
conservation  district,  and  said  board  whenever  it  is  deemed  advisable  for 
the  best  interests  of  said  district,  and  the  convenience  of  the  voters  may 
at  any  time,  but  not  less  than  sixty  days  before  an  election  to  be  held  in 
the  di.strict,  change  the  boundaries  of  any  such  election  precincts,  which 
changes  when  made  must  be  entered  upon  the  minutes  of  the  board. 

Issuance  of  bonds. 

Sec.  15.  Except  as  herein  otherwise  provided,  all  the  laws,  rules  and 
regulations  and  amendments  and  modifications  thereto  governing  the 
voting,  issuance,  sale,  form,  contents,  terms  and  conditions  of  bonds  of 
each  particular  unit  or  district  in  which  the  same  are  voted  and  issued 
shall  apply  to  and  govern  the  voting,  issuance,  sale,  form,  contents, 
terms  and  conditions  of  the  bonds  herein  authorized. 

Except  as  herein  otherwise  provided,  the  manner  of  conducting  and 
holding  elections,  ciualification  of  voters,  the  necessary  number  of  votes 
to  carry  any  proposition  submitted  at  any  election  .shall  be  governed 
by  the  same  laws,  rules  and  regulations  and  amendments  and  modifica- 
tions thereto  of  the  particular  district  or  unit  in  which  said  election  is 
held. 

Directors — compensation  and  meetings  of. 

Sec.  16.  The  directors  when  sitting  as  a  board  or  acting  iinder  the 
ordei's  of  the  board  shall  receive  not  to  exceed  ten  (10)  dollars  per  day 
and  twelve  (12)  cents  per  niile  for  each  mile  traveled  from  his  place  of 
residence  to  the  office  of  the  board,  such  mileage  to  be  computed  bj^  the 
shortest  traveled  route,  and  all  necessary  expenses  paid  while  engaged 
in  official  business  under  orders  of  the  board. 

The  board  of  directors  shall  hold  a  regular  meeting  on  the  second 
Tuesday  of  each  month  at  the  place  selected  as  the  office  of  the  board; 
provided,  that  the  board  may,  by  resolution  duly  entered  upon  its  min- 
utes, fix  any  other  time  as  the  time  for  its  regular  monthly  meeting,  but 
no  change  in  the  time  of  holding  regular  meetings  of  the  board  shall  be 
made  until  after  the  resolution  proposing  such  change  has  been  pub- 
lished once  a  week  for  two  successive  weeks  in  a  newspaper  published  in 
the  county  in  which  the  office  of  the  district  is  located.  Such  .special 
meetings  of  the  board  of  directors  may  be  held  as  may  be  required  for 


CALIFORNIA    IRRIGATION    DISTRICT   LAWS.  165 

the  proper  transaction  of  the  business  of  the  district,  but  a  special  meet- 
ing: must  be  ordered  by  a  majority  of  the  board.  The  order  must  be 
entered  of  record,  and  three  days  notice  thereof  mu.st  be  given  "by  the 
secretary  to  each  director  not  joining  in  the  order.  The  order  must 
specify  the  business  to  be  transacted  and  no  otlier  business  than  that 
specified  in  the  order  may  be  transacted,  at  such  special  meeting,  i^nless 
all  the  members  are  present  and  consent  to  the  consideration  of  any 
business  not  specitied  in  said  order.  All  meetings  of  the  board  must  be 
public  and  a  majority  of  the  members  shall  constitute  a  quorum  for  the 
transaction  of  business,  but  on  all  questions  requiring  a  vote,  except  a 
motion  to  adjourn,  or  a  motion  to  adjourn  to  a  stated  time,  there  shall 
be  a  concurrence  of  at  least  the  number  constituting  a  quorum.  A 
smaller  number  of  directors  than  a  quorum  may  adjourn  from  day  to 
day.  All  records  of  the  board  shall  be  open  to  public  inspection  during 
business  hours.  Whenever  any  act  is  required  to  be  done  or  proceeding 
taken  by  this  act,  or  by  an  act  supplemental  or  amendatoiy  thereto,  on 
the  second  Tuesday  in  any  month,  such  act  may  be  had  or  proceedings 
had  upon  the  day  specified  in  the  resolution  hereinbefore  referred  to 
as  the  time  for  the  regular  meeting  of  the  board  of  directors. 

Water  and  power  survey  by  directors. 

Sec.  17.  The  board  of  directors  of  a  water  conservation  district  shall, 
as  soon  as  it  is  organized,  proceed  to  make  or  cause  to  be  made  all  such 
examinations,  surveys,  plans  and  specifications  and  estimates  of  costs 
for  the  acquisition,  appropriation,  diversion,  storage,  conservation  and 
distribution  of  water,  any  drainage  or  reclamation  works  connected 
therewith  and  the  generation  of  hydro-electric  energy  incident  thereto 
and  the  sale  and  distribution  thereof  as  may  be  necessary  or  requisite 
to  enable  said  board  to  ascertain  and  estimate  the  requirements  and 
works  necessary  for  the  purposes  of  said  water  conservation  district,  as 
prayed  for  in  said  petition  and  the  cost  and  expense  thereof,  and  to 
make  a  report  thereof  as  herein  provided. 

In  such  connection  said  board  may  use  and  adopt  all  previous  esti- 
mates, surveys,  reports  and  other  data  it  may  have  acquired  or  which 
are  available  to  it  adapted  to  that  purpose,  and  may  employ  all  necessary 
engineers,  attorneys  and  other  assistants  for  the  accomplishment  of  said 
purposes,  and  the  cost  thereof  shall  be  deemed  a  part  of  the  expense  of 
the  water  conservation  district  and  shall  be  a  legal  charge  against  said 
water  conservation  district. 

Upon  the  completion  of  said  examination  and  study  of  the  proposed 
project  by  said  board,  it  shall  prepare  a  report  thereof  in  which  report 
shall  be  set  forth  in  detail  the  character  and  nature  of  the  proposed 
works  in  order  to  carry  said  project  to  completion,  such  report  to  be 
accompanied  by  an  estimate  of  the  cost  of  said  project.  A  copy  of  such 
report,  plans  and  estimates  shall  be  kept  on  file  in  the  office  of  the 
board  and  open  for  inspection  by  all  interested  persons  or  parties. 
Such  plans  and  reports  may  thereafter  be  modified  at  any  regular  meet- 
ing of  the  board  by  an  affirmative  vote  of  a  two-thirds  majority  of  all 
the  members  of  said  board. 

Powers  and  duties  of  directors. 

Sec.  18.  The  board  of  directors  shall  have  the  power  and  it  shall  be 
its  dutv  to  manage  and  conduct  the  business  affairs  of  the  water  con- 


166  CALIFORNIA   IRRIGATION    DISTRICT   LAWS. 

servation  district;  to  adopt  a  seal;  to  make  and  execute  all  necessary 
■contraets;  to  employ  and  appoint  such  agents,  officers  and  employees  as 
it  may  require  and  prescribe  their  duties  and  fix  their  couiitensation. 
The  board  shall  have  the  right  to  enter  upon  any  lands  to  make  surveys, 
locate  works  or  for  any  other  necessary  and  lawful  purpose.  The  board 
shall  have  the  power  to  construct,  maintain,  improve  and  operate  the 
necessary  dams,  reservoirs  and  works  for  the  storage  and  distribution  of 
water  and  anv  drainage,  flood  control  and  reclamation  works  connected 
therewith,  and  to  provide  for  the  generation  and  distribution  of  hydi'o- 
electric  energy  incidental  to  such  storage  and  distribution. 

The  board  shall  also  have  the  right  to  acquire  by  purchase,  lease  or 
contract,  all  lands,  water,  Avater  rights  or  any  use  thereof  or  interest 
therein,  and  any  other  property  or  rights  by  it  deemed  necessary  for 
the  con.struction,  maintenance,  improvements  and  operation  of  the 
works  or  the  carrying  out  of  the  pro.ject  of  the  water  conservation  dis- 
trict, including  the  property  and  rights  of  private  owners  and  stock  of 
corporations. 

Said  board  may  also  enter  into,  and  do  any  act  necessary  or  proper 
for  the  performance  of,  any  agreement  with  any  county,  district,  public 
corporation,  or  municipality  of  any  kind,  for  any  purpose  appertaining 
to,  or  beneficial  to,  the  project  of  the  water  conservation  district,  and 
may  acquire  the  right  to  store  water  in  any  reservoir ;  or  to  carry  water 
through  any  canal,  ditch  or  conduit  not  owned  or  controlled  by  such 
water  conservation  district,  and  may  grant  to  the  owner  or  lessee  of  a 
right  to  the  use  of  any  water,  permission  to  store  such  water  in  any 
reservoir  of  the  water  conservation  district,  or  to  carry  such  water 
through  any  canal,  ditch  or  conduit  of  the  water  conservation  district. 

The  said  board  is  hereby  authorized  and  empowered  to  take  conve.v- 
ances,  leases,  contracts  or  other  assurances  for  all  property  aeciuired  by 
it  under  the  provisions  of  this  act,  in  the  name  of  such  water  conserva- 
tion district,  to  and  for  the  use  and  purposes  herein  expressed,  and  to 
institute  and  maintain  all  actions  and  proceedings,  suits  at  law  or  in 
equity  necessary  or  proper  in  order  to  fully  carry  out  the  provisions  of 
this  act ;  or  to  enforce,  maintain,  protect  or  preserve  any  and  all  rights, 
privileges  and  immunities  created  by  this  act  or  acquired  in  pursuance 
thereof.  All  contracts  and  other  documents  executed  by  the  board  shall 
be  signed  bj'  its  president  and  its  secretary,  under  seal  and  in  all  actions, 
suits  or  proceedings  the  said  board  may  sue,  appear  and  defend  in 
person  or  by  attorneys  and  in  the  name  of  such  water  conservation 
district. 

The  said  board  shall  have  power  generally  to  perform  all  such  acts 
as  may  be  necessary  to  fully  carry  out  the  provisions  of  this  act. 

Eminent  domain;  rights  of  way. 

Sec.  19.  The  board  of  directors  shall  have  the  right  and  power  to 
acquire  by  condemnation  all  lands,  waters,  water  rights,  or  any  use 
thereof,  or  interest  therein,  and  any  other  propert.v  or  rights,  except 
the  property  or  rights  of  the  units  thereof,  liy  it  deemed  necessary  for 
the  construction,  maintenance,  improvement  and  operation  of  the  works, 
or  the  carrying  out  of  the  pro.iect  of  the  water  conservation  district. 
In  the  ease  of  condemnation  proceedings  the  board  shall  proceed  in  the 
name  of  the  water  conservation  district  imder  the  provisions  of  section 
fourteen  of  article  one  as  amended  of  the  constitution  of  the  State  of 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  167 

California,  aud  title  seven,  part  three  of  the  Code  of  Civil  Procedure  of 
California,  and  all  pleadings,  proceedings  and  process  in  said  title  pro- 
vided it  shall  be  applicable  to  the  condemnation  proceedings  hereunder. 
The  board  of  directors  shall  have  power  to  construct  the  said  works 
across  or  intersecting  any  stream  of  water,  water  course,  street,  avenue, 
highway,  railway,  canal,  ditch,  or  tlvune,  in  such  manner  as  to  afford 
security  for  life  and  property ;  but  said  board  shall  restore  the  same, 
when  so  crossed  or  intersected,  to  its  former  state  as  near  as  may  be,  or 
in  a  sufficient  manner  not  to  have  impaired  unnecessarily  its  usefulness ; 
and  every  company  whose  railroad  shall  be  intersected  or  crossed  by 
said  works  shall  unite  with  said  board  in  forming  said  intersections  and 
crossings,  and  grant  the  privileges  aforesaid ;  and  if  such  railroad  com- 
pany and  said  board,  or  the  owners  and  controllers  of  said  property, 
thing,  or  franchise  to  be  so  crossed,  can  not  agree  upon  the  amount  to 
be  paid  therefor,  or  the  points  or  the  matter  of  said  crossings  or  inter- 
sections, the  same  shall  be  ascertained  and  determined  in  all  respects  as 
is  herein  provided  in  respect  to  the  taking  of  land.  The  right  of  way  is 
hereby  given,  dedicated,  and  set  apart  for  the  location,  construction,  aud 
maintenance  of  said  works  over  and  through  any  of  the  lands  which  are 
now  or  may  be  the  property  of  this  state ;  and  also  there  is  given,  dedi- 
cated, aud  set  apart,  for  the  use.s  and  purpcses  aforesaid,  all  waters  and 
water  rights  belonging  to  this  state  within  the  district. 

Contracts  for  construction  of  projects. 

Sec.  19a.  The  board  of  directors  shall  proceed  to  carry  out  the  pro- 
ject of  the  district  in  accordance  with  the  plans  and  specifications  of  the 
duly  approved  and  adopted  report  of  the  board. 

When  such  work  is  to  be  done  said  board  shall  give  notice  by  publi- 
catiou  thereof  in  the  county  in  which  the  office  of  said  board  is  located 
once  a  week  for  four  successive  weeks,  calling  for  bids  for  same.  If  less 
than  the  whole  work  provided  for  in  said  plans  and  specifications  is  to  be 
done  and  advertised,  the  portion  to  be  done  mu.st  be  particularly 
described  in  said  notice.  Said  notice  shall  refer  to  the  plans  and  specifi- 
cations of  the  work  to  be  done  aud  state  that  the  same  can  be  seen  at 
the  office  of  the  board  and  that  the  board  will  receive  sealed  proposals 
therefor,  and  that  the  contract  will  be  let  to  the  lowest  responsible  bid- 
der, stating  the  time  and  place  for  opening  said  proposals,  which  at  the 
time  and  place  appointed  shall  be  opened  in  public;  and  as  soon  as 
convenient  thereafter  the  board  shall  let  said  work,  either  in  portions  or 
as  a  whole,  to  the  lowest  responsible  bidder ;  or  it  may  re.ject  any  and  all 
bids  and  readvertise  for  proposals  or  may  proceed  to  construct  the  works 
under  its  superintendence;  prov'ided,  that  in  case  of  emergency  or  urgent 
necessity  the  board  of  directors,  by  unanimous  vote  of  those  present 
(pi'ovided  there  is  a  cpiorum  present)  at  any  regular  or  special  meeting, 
may  award  contracts  without  advertising  for  bids,  but  the  amount  of 
said  contract  so  awarded  shall  not  exceed  fifty  thousand  dollars 
C$50.0C)0).  All  contracts  for  the  purchase  of  material  shall  be  awarded 
to  the  lowest  responsible  bidder,  provided  the  purchase  price  of  such 
material  is  in  excess  of  fifty  thousand  dollars  ($50,000). 

Any  person  or  persons  to  whom  a  contract  may  be  awarded  shall 
enter  into  a  bond,  with  good  and  sufficient  sureties,  to  be  approved  by 
the  board,  payable  to  the  water  conservation  district  for  its  use,  for 


168  CALIFORNIA    IRRIGATION    DISTRICT    LAWS. 

twenty-five  per  pent  of  the  amount  of  the  contraet  price,  eonditioned 
for  the  full  and  faithful  performanr-e  of  said  contract. 

The  work  shall  be  done  under  the  direction  and  to  the  satisfaction  of 
and  be  approved  by  the  board. 

It  shall  be  tlie  duty  of  the  board  to  see  that  all  contractors  doing  work 
for  the  conservation  district  carry  compensation  insurance  on  all 
employees. 

Constituent  districts  may  issue  bonds. 

Sec.  20.  Each  of  the  constituent  districts  or  units  of  a  water  con- 
.sei-vation  district  is  hereby  expressly  authorized  to  vote,  issue  and  sell 
its  bonds  for  the  purposes  herein  provided  in  this  act,  and  said  bonds  are 
to  be  in  all  respects  of  the  same  force  and  effect,  and  of  the  same  pi'iority 
as  a  lien  on  property  as  other  bonds  voted,  issued  and  sold  by  such  con- 
stituent district  or  unit  under  the  particular  law  or  laws  governing:  the 
voting,  issuance  and  sale  of  bonds  by  such  constituent  district  or  unit. 

Assessments  and  apportionment  of  additional  expenses. 

Sec.  21.  If  the  amount  originally  contributed  and  paid  into  said 
water  conservation  district  by  said  constituent  districts  or  units  shall  be 
insufficient  to  complete  the  system  and  w'orks  of  said  pro.ject,  the  board 
of  directors  of  said  water  conservation  district,  shall  thereupon  esti- 
mate and  determine  the  amount  recjuired  to  complete  said  system  and 
works,  according  to  the  original  plans  and  specifications  thereof,  and 
shall  thereupon  apportion  and  allot  to  each  of  said  constituent  districts 
or  units,  its  proper  proportion  of  said  additional  cost  of  the  completion 
of  said  system  and  works  of  said  project ;  said  apportionment  shall  be 
made  upon  the  same  basis  as  the  original  apportionment  of  the  cost  of 
construction  of  said  system  and  works  of  said  project,  as  is  provided  for 
in  this  act,  and  thereupon,  the  said  board  of  directors  shall,  by  resolu- 
tion, duly  adopted  and  entered  upon  the  minutes  of  said  board  of  direc- 
tors of  said  water  conservation  district,  make  recpiisition  upon  each  of 
said  constituent  districts  or  units  for  its  proportion  of  said  additional 
cost,  and  a  copy  of  which  said  resolution,  duly  certified  to,  shall  be 
served  upon  the  secretary  or  other  officer  of  the  governing  board  of  each 
constituent  district  or  unit.  Upon  receiving  said  copy  of  said  resolu- 
tion, it  shall  be  the  duty  of  the  governing  board  of  each  of  said  con- 
stituent districts  or  units,  and  each  of  said  constituent  districts  or  units 
is  hereby  given  the  power  to  levy,  assess  and  collect  an  assessment  in  the 
amount  called  for  by  said  resolution  and  requisition,  which  said  amount 
shall  be  levied,  assessed  and  collected  in  like  manner  as  the  levy,  assess- 
ment and  collection  of  assessments  under  the  particular  law-  or  laws 
governing  the  levy,  collection  and  assessment  of  assessments  of  each  of 
the  said  respective  constituent  districts  or  units. 

Apportionment  of  cost  of  maintenance  and  operation;  assessments;  bonds. 

Sec.  22.  The  board  of  directors  of  said  water  conservation  district 
is  hereby  expressly  given  the  power,  and  it  shall  be  its  duty,  fi'om  time 
to  time,  as  occasion  may  reciuire,  to  estimate  and  determine  the  amount 
of  money  rerpiired,  after  the  completion  of  said  project,  for  the  mainte- 
nance, repair  and  operation  of  said  sj'stem  and  works  and  also  for  the 
expenses  of  the  management  and  operation  of  said  water  conservation 


CALIFORNIA   IRRIGATION   DISTRICT   LAWS.  169 

disti-ict,  and  shall  also  fix  and  allot  the  proportion  of  said  estimated 
amount  to  be  borne  or  paid  by  each  of  said  constituent  districts  or  units, 
which  said  allotment  or  apportionment,  shall  be  in  the  same  proportion 
to  each  of  said  constituent  districts  or  units,  as  the  apportionment  or 
allotment  of  the  original  cost  of  said  project  as  hereinbefore  provided 
for.  The  board  of  directors  of  the  water  conservation  district  shall 
thereupon,  by  resolution,  entered  in  its  minutes,  make  requisition  upon 
each  constituent  district  or  vmit,  for  its  pi'oportiou  of  said  additional 
cost  and  expense,  a  copy  of  which  said  resolution  duly  certified,  shall  be 
served  upon  the  secretary  or  other  officer  of  the  governing  board  of 
each  constituent  district  or  unit. 

Upon  receiving  said  resolution,  it  shall  be  the  duty  of  the  governing 
board  of  each  constituent  district  or  unit,  and  each  constituent  district 
or  unit  is  hereby  given  the  power  to  levj',  assess,  collect  and  pay  over  to 
said  water  conservation  district,  the  amount  of  its  proportion  of  said 
additional  cost  and  expense.  Such  assessments  shall  be  levied,  assessed 
and  collected  by  each  constituent  disti'ict  or  unit  in  like  manner  as  the 
levy,  assessment  and  collection  of  assessments,  under  the  particular  law 
or  laws,  governing  the  levy,  assessment  and  collection  of  assessments  of 
each  of  the  said  respective  constituent  districts  or  units. 

Each  constituent  district  or  unit,  in  lieu  of  le^^ing,  assessing  and  col- 
lecting an  assessment  for  the  purpose  of  raising  funds  to  pay  its  amount 
or  .share  of  any  apportionment  or  allotment,  as  provided  for  in  section 
twenty-one  of  this  act,  may  vote,  issue  and  sell  bonds  for  the  purpose 
of  raising  .said  funds,  and  each  of  said  constituent  districts  or  units  is 
hereby  expressly  given  and  granted  the  power  to  vote,  issue  and  sell 
bonds  for  said  purpose. 

Certification  of  bonds. 

Sec.  23.  Whenever  the  board  of  directors  of  any  constituent  district 
or  unit  of  a  water  conservation  district,  shall  by  resolution,  declare  that 
it  deems  it  desirable  that  any  contemplated  or  outstanding  bonds  of  such 
constituent  district  or  unit  issued  under  the  provisions  of  this  act, 
including  any  bonds  of  such  constituent  district  or  unit  authorized  but 
not  sold,  shall  be  available,  for  the  purpose  provided  for  in  section  seven 
of  an  act  of  the  legislature  of  the  State  of  California,  entitled  "An  act 
relating  to  bonds  of  irrigation  districts,  providing  under  what  circum- 
stances such  bonds  shall  be  legal  investments  for  funds  of  banks,  insur- 
ance companies,  and  trust  companies,  trust  funds,  state  school  funds  and 
any  money  or  funds  which  ma.y  now  or  hereafter  be  invested  in  bonds  of 
cities,  cities  and  counties,  school  districts  or  municipalities,  and  provid- 
ing under  what  circumstances  the  use  of  bonds  of  in*igation  districts  as 
security  for  the  performance  of  any  act  may  be  authorized,"  approved 
June  13,  1913,  as  amended,  the  said  board  of  directors  shall  thereupon 
file  a  certified  copy  of  such  resolution  with  the  commission  created  by, 
and  provided  for  in,  said  act  of  June  13,  1913,  which  commission,  and 
the  state  controller  in  connection  therewith,  are  hereby  given  the  same 
power  and  authority  in  respect  of  the  investigation  and  certification  of 
bonds  issued  by  any  constituent  district  or  unit,  under  this  act  as  is 
given  to  them  in  respect  of  the  investigation  and  certification  of  irriga- 
tion district  bonds  by  said  act,  as  amended,  except  as  the  same  may  be 
limited  by,  or  inconsistent  with,  any  provision  of  this  act,  and  bonds 
of  any  constituent  district  or  unit  provided  for  in  this  act  which  have 


170  C.U.IFORNIA   IRRIGATION   DISTRICT   LAWS. 

been  so  investigated  and  certified  and  by  authority  of  such  iuvestip-ation 
and  certification  are  declared  to  be  legal  investments  for  tlie  purposes 
stated  iu  said  act  of  June  13,  1913,  as  amended,  may  be  lawfully  pur- 
chased, or  received  in  pledge  for  loans  by  savings  banks,  trust  com 
panies,  insurance  companies,  guardians,  executors,  administrators,  and 
special  administrators,  or  by  any  public  officer  or  officers  of  this  state  or 
of  any  county,  city,  or  cit.v  and  county,  or  other  municipal  or  corporate 
bod.v  within  this  state  having  or  holding  funds  which  they  are  allowed 
by  law  to  invest  or  loan. 

Estimate  of  expenses. 

Sec.  24.  For  the  purposes  of  this  act  each  calendar  .vear  shall  be 
divided  into  two  (2)  fiscal  periods,  the  first  period  consists  of  the  first 
six  (6)  months  of  the  year,  and  the  second  period  consists  of  tlie  second 
six  (6)  months  of  the  year,  and  at  the  regular  monthly  meeting  of 
March  and  September  of  each  year,  the  water  conservation  district  board 
shall  estimate  and  determine  the  amount  of  money  that  said  con.serva- 
tion  district  will  require  for  the  purposes  provided  by  this  act  during 
the  next  succeeding  fiscal  period,  and  any  requisition  herein  provided 
for  in  this  act  to  be  made  by  the  water  conservation  district  upon  any 
of  said  constituent  districts  or  units  for  the  pa.yment  to  said  water 
conservation  district  of  its  proportional  share  of  the  amount  of  money 
rerpiired  by  said  estimate  and  determination  of  said  board  of  dii-ectors 
of  said  water  conservation  district  shall  be  made  at  the  beginning  of 
said  first  period,  and  it  shall  thereupon  be  and  become  the  duty  of  each 
of  the  said  constituent  districts  or  units  to  pay  the  same  to  said  water 
conservation  district  before  the  commencement  of  the  next  succeeding 
fiscal  period. 

Claims. 

Sec.  25.  All  claims  against  the  water  conservation  district  shall  be 
paid  by  warrants  of  said  water  conservation  district.  Said  warrants 
must  be  signed  by  the  president  and  secretary  of  the  board  and  drawn 
on  the  treasurer  of  the  conservation  district  and  paid  by  him  out  of  the 
funds  of  such  conservation  district  and  said  treasurer  shall  make  a 
monthly  report  to  the  board  of  the  money  received  l\v  him  of  the 
amounts  expended  and  the  total  sum  on  hand. 

Directors  not  to  be  interested  in  contracts. 

Sec.  26.  No  director  or  oifficer  of  the  conservation  district  shall  in 
anv  manner  be  interested  directly  or  indirectly  in  any  contract 
awarded  or  to  be  awarded  by  the  board,  or  in  the  profits  to  be  derived 
therefrom ;  and  for  the  violation  of  this  provision  such  director  or  officer 
shall  be  deemed  giiilty  of  a  misdemeanor,  and  conviction  shall  work  a 
forfeiture  of  his  office,  and  he  shall  be  punished  by  a  fine,  not  to  exceed 
five  thousand  dollars,  or  by  imprisonment  in  the  county  jail  for  not 
more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

Debts. 

Sec.  27.  The  board  of  directors  or  other  officers  of  a  water  conserva- 
tion district  shall  have  no  power  to  incur  any  debt  or  liability  whatever, 
either  by  issuing  bonds  or  otherwise,  in  excess  of  the  express  provisions 


CALIFORNIA   IRRIGATION   DISTRICT    LAWS.  171 

nf  this  act :  any  debt  or  liability  in  excess  of  sueh  provisions  shall  be 
and  remain  absolntely  void:  i>rovid(d,  that  nothing  contained  in  this 
section  shall  be  construed  as  limiting  the  right  of  the  board  to  enter 
into  any  contract  for  the  use  or  lease  of  any  lands,  water,  water  rights, 
or  other  property,  as  in  this  act  provided  and  by  snch  lease  or  contract 
to  bind  the  district  for  the  payment  of  the  rentals  or  consideration 
specified  in  such  lease  or  contract. 

Distribution  of  water  and  power;  sale  of  surplus. 

Sec.  28.  The  board  shall  have  power  and  it  shall  be  its  duty  to 
distribute  to  each  of  the  units  of  a  conservation  district  the  proportion 
of  stored  water  to  which  it  is  entitled  at  its  point  of  diversion  from  the 
stream,  and  may  use  a  stream  or  natural  water  course  for  such  pur- 
pose. The  board  shall  also  have  power  and  it  shall  be  its  duty  to 
distribute  to  the  units  of  a  conservation  district  the  proportion  of 
hydro-electric  energj*  to  which  it  is  entitled  and  may  desire  for  its  use 
within  sueh  unit,  same  to  be  delivered  at  the  place  where  it  is  gen- 
erated; and  all  hydro-electrical  energy  not  so  distributed  shall  be  sold 
by  the  board  of  directors  of  the  conservation  district,  and  the  proceeds 
resulting  from  such  sale  .shall  be  distributed  to  the  units  in  accordance 
with  their  respective  interests  therein. 

Limitations  on  board  of  directors. 

Sec.  29.  The  board  of  directors  of  a  water  conservation  district 
shall  not  have  the  power  to  modify,  change  or  alter  the  distributing 
system  or  works  of  any  of  the  constituent  districts  or  units  nor  shall 
said  board  of  directors  have  any  jurisdiction  or  control  over  the  dis- 
tribution of  water  to  the  laud  owner  within  the  boundaries  of  any  of 
the  constituent  districts  or  units.  Nor  shall  said  board  have  the  power 
to  condemn  by  law  the  water,  water  rights  or  other  property  of  a  con- 
stituent district  or  unit  without  first  having  obtained  a  written  consent 
of  the  managing  board  of  such  constituent  district  or  unit. 

Paramount  interest  of  state;  tax  exemption. 

Sec.  30.  The  rights  of  way,  ditches,  flumes,  pipelines,  drains,  water 
rights,  reservoirs  and  other  property  used  for  the  purposes  of  a  water 
conservation  district  and  belonging  to  it  shall  not  be  taxed  nor  assessed 
for  state,  county  or  municipal  purposes. 

It  is  hereby  declared  that  the  State  of  California  has  a  paramount 
interest  in  the  storage,  conservation  and  diversion  of  water,  the  pre- 
vention of  floods,  the  irrigation,  drainage,  and  reclamation  of  land  and 
the  production  of  electric  energj^ ;  and  that  such  storage,  conservation, 
diversion,  irrigation,  prevention  of  floods,  reclamation,  drainage,  and 
production  of  electric  energy  will  make  productive  vast  quantities  of 
land  that  are  comparatively  unproductive  and  will  increase  production, 
property  valuations,  and  population  in  the  state,  make  profitable  the 
cultivation  of  small  tracts  and  promote  subdivision  of  larger  tracts,  and 
will  promote  the  welfare  and  prosperity  of  all  the  people.  The  powers 
herein  conferred  upon  the  state  irrigation  board  and  the  board  of 
directors  of  a  water  conservation  district  and  all  other  powers  herein 
conferred  are  herebj-  declared  to  be  police  and  regulatory  powers  and 
are  necessary  to  the  accomplishment  of  a  purpose  that  is  indispensable  to 


172  CALIFOKNIA   IRRIGATION   DISTRICT   LAWS. 

public  interests.  The  use  of  all  water  required  for  the  iri-igation  of  the 
lands  of  any  district  formed  under  the  provisions  of  this  act  and  for 
domestic  and  other  incidental  and  beneficial  uses  within  such  district, 
together  with  the  rights  of  way  for  canals  and  ditches,  sites  for  reser- 
voirs and  all  other  property  required  in  fully  carrying  out  the  provisions 
of  this  act  is  hereby  declared  to  be  a  public  use.  sub.jeet  to  the  regulation 
and  control  of  the  state,  in  the  manner  prescribed  by  law. 

Records,  statements  and  reports. 

Sec.  31.  The  state  irrigation  board  and  the  board  of  directors  of 
every  water  conservation  district  shall,  respectively,  cause  to  be  entered 
in  books  to  be  kept  for  that  purpose  a  complete  and  connected  record  of 
all  their  acts  and  transactions,  which  shall  be  kept  and  preserved  on  file 
in  their  respective  ofliees  and  open  to  inspection  by  the  public  during 
business  hours.  Said  records  and  all  documents,  instruments,  or  other 
papers  filed  as  above  provided,  or  a  copy  or  copies  of  any  thereof 
cei-tified  to  by  the  secretary  of  the  state  irrigation  board  or  the  secretary 
of  the  board  of  directors  of  the  water  conservation  district,  shall  be 
received  in  evidence  without  further  proof  in  any  court  of  this  state,  or 
before  any  board  or  tribunal  authorized  to  hear  or  consider  a  matter 
wherein  the  same  shall  be  properly  admissible  in  evidence. 

During  the  construction  of  any  works  in  carrying  out  the  project  of 
any  water  conservation  district,  the  board  of  directors  of  such  district 
shall,  at  least  every  sixty  (60)  days,  forward  to  the  state  engineer,  a 
report  of  the  progress  of  such  construction,  together  with  a  statement  of 
the  amount  or  amounts  paid  for  the  doing  of  such  work.  The  board  of 
directors  of  a  water  conservation  district,  at  their  regular  monthly  meet- 
ing in  January  of  each  year,  shall  render  and  immediately  thereafter, 
cause  to  be  published  in  the  county  where  the  office  of  said  board  is 
situated,  at  least  once  a  week,  for  two  successive  weeks,  a  verified  state- 
ment of  the  financial  condition  of  the  district,  showing  particularly  the 
receipts  and  disbursements  of  the  last  preceding  year,  together  with  the 
source  of  such  receipts  and  the  purpose  of  such  disbursements. 

Immediately  after  the  publication  of  such  statements,  the  board  of 
directors  of  the  water  conservation  district  shall  cause  a  copy  thereof, 
accompanied  by  a  report  stating  the  progress  of  the  work  under  con- 
struction and  the  general  condition  of  the  pro.ject,  and  whether  or  not 
the  same  is  being  satisfactorily  and  successfully  carried  out  and  any 
other  matter  which  the  board  may  deem  proper  to  be  filed  with  the  state 
engineer  who  shall  examine  said  statement  and  report  and  make  to  the 
board  of  directors  such  recommendations  and  comments  as  he  may  deem 
proper  and  may  publish  said  recommendations  and  comments  in  such 
manner  as  may  be  deemed  advisable.  Said  state  engineer  may  at  any 
time  make  or  cause  to  be  made  an  examination  of  the  afl'airs  of  any 
water  conservation  district  within  the  state  or  call  upon  the  board  of 
directors  of  such  district  for  such  information  as  he  may  desire,  and 
may  make  and  publish  such  report  thereon  as  he  may  deem  advisable. 

(Note — No  section  32  appears  in  the  act  as  enacted.) 

Property  of  district. 

Sec.  33.  The  legal  title  to  all  property  acquired  under  the  provisions 
of  this  act  shall  by  operation  of  law,  immediately  upon  the  acquisition 
thereof,  vest  in  the  water  conservation  district  by  which  it  is  acquired, 


CALIFORNIA   IRRIGATION   DISTRICT    LAWS.  173 

and  shall  be  held  by  such  district  in  trust  for  the  uses  and  purposes  set 
forth  in  this  act,  and  is  hereby  dedicated  and  set  apart  to  said  uses  and 
purposes.  The  board  of  directors  is  herebj'  authorized  and  empowered 
to  hold,  use,  manage,  occupj',  and  possess  said  property  and  may  deter- 
mine by  resolution  duly  entered  upon  its  minutes,  that  any  property, 
real  or  personal,  held  by  the  district  is  not  necessary  for  the  uses  and 
purposes  thereof  and  may  sell  the  same  for  an  adequate  consideration; 
and  a  conveyance  or. transfer  of  any  of  the  property  of  a  district 
executed  by  the  president  and  secretary  of  its  board  of  directors  in 
pursuance  of  a  resolution  of  the  board  adopted  as  above  provided,  shall 
convey  good  title  to  the  property. 

Vested  rights. 

Sec.  34.  Nothing  in  this  act  contained  shall  be  so  construed  as  to 
affect  or  impair  tlie  vested  right  of  any  person,  association,  or  corpora- 
tion to  the  use  of  water. 

Title. 

Sec.  35.  This  act  shall  be  known  and  may  be  refen-ed  to  in  any 
action,  proceeding,  or  legislative  enactment,  as  the  "California  water 
conservation  district  act." 

Constitutionality. 

Sec.  36.  If  any  section,  subdivision,  sentence,  clause,  or  phrase  of 
this  act  be  for  any  reason  held  to  be  unconstitutional,  such  decision 
shall  not  affect  the  validity  of  the  remaining  portions  of  this  act,  and 
the  legislature  hereby  declares  that  it  would  have  passed  this  act  and 
each  and  every  other  section,  subdivision,  sentence,  clause,  and  phrase 
thereof,  irrespective  of  the  fact  that  any  one  or  more  s'^ctions,  sub- 
divisions, sentences,  clauses,  or  phrases  of  this  act  be  declared  uncon- 
stitutional. 


APPENDIX. 


SUPPLEMENTAL  LEGISLATION. 

There  iire  uumpioiis  I.tws  on  related  subjects  which  arc  too  voluminous  to  permit 
of  inclusion  in  this  volume.     Reference  is  hereby  made  to  the  Statutes  where  these 
acts  may  he  found. 
-Vgricultural  exijcrl. 

Irrigation  district  may  emiiloy.     Statutes  1913,  p.  7."). 
Assessment  book. 

County  assessor  must  furnish  copy  on  request  of  district.     Political  Cudc,  §  3653. 
Bonds. 

Funding  bonds  of  districts  organized  under  the  Act  of  March  7,  1S87.     Statutes 

IStV)-,  p.  .394:  amended  1901,  p.  514. 
Imperial  irrigation  district,  validation  of.     Statutes  191."),  p.  IS. 
Registration  of.     Statutes  1913,  p.  23. 

Relea.se  of  claims  on  bonds  surrendered  for  cancellation.     Statutes  1911,  p.  1400. 
Security   for   deposit    of   county    or   city    moneys,    irrigation    district    bonds   are. 

Statutes  1923.  p.  2."). 
Security  for  deposit  of  state  moneys,  irrigation  district  bonds  are.     Statutes  1923, 

p.  21. 
Validation   of  bonds  which   have  been  authorized   b.v  four-fifths  vote  of  electors, 
since  January  1,  1910.     Statutes  1915,  p.  8S7. 
Bonds  of  irrigation  districts  are  legal  investments  for: 

Banks,  Commercial.     S   40.  Bank  Act.  Statutes  1923,  p.  54. 
Savings.     §  61,  Bank  Act,  Statutes  1923,  p.  .54. 

Trust  companies.     «  9<;.  Bank  Act,  Statutes  1913.  p.  179.     §  10.">.  Bank  Act, 
Statutes  1913,  p.  1S3. 
Insurance  companies,  in  general.     Civil  Code.  §  421. 

Fire  insurance,  surplus  and  special  reserve  funds.  '§2,  Statutes  1917,  p.  1379; 

amended  1923,  p.  177. 
Fraternal  benefit  societies.     §  10,  Statutes  1911,  p.  1323. 
Mortgage  insurance.     Civil  Code,  §  4.53cc. 

ilutual  workmen's  compensation.     §   14.  Statutes,  1913,  p.  323. 
School  teachers"  permanent  fund.     Statutes  1913,  p.  1423;  amended  1919,  p.  500; 

1921.  ijp.  16:iS  and  16.39. 
State  compensation  insurnuce  fund.     Statutes  1913,  p.  304,  §  45. 
State  school  fund.     I'ulitieul  Code,  §  676. 
California  Irrigation  Act.     Statutes  1919.  p.  671.     (Unconstitutional,  Movdeeai  vs. 

Board  of  Supervisors,  183  Cal.  434.) 
Canal. 

Private  right  of  way  for.     Politiral  Code,  §  2692. 
Carey  act  commission  act.     Statutes  1915,  p.  1140.     See  Politiceil  Code  §  303c. 
Colorado  river. 

Approval  of  Colorado  River  Compact.    Statutes  1923,  p.  1530. 

California    representation    upon    joint    committee   of   western    states   and    federal 

government.     Statutes  1921.  p.  S5. 
Commission  for  controlling,  etc.     Statutes  1923,  p.  194. 
Conservancy  districts.     Statutes  1919,  p.  559;  amended  1923,  p.  13. 
Ditch. 

Highway  crossing.     Political  Code,  §  2694. 

Joint  owners  share  proportionally  the  cost  of  upkeep.     Civil  Code,  §§  842,  843. 
Easement. 

Wlien  right  to  flow  water  is.     Civil  Code,  §  552. 
Eminent  domain. 

Injunction    suit,    defendant    may    convert    into    condemnation    proceedings    when 

water  rights  involved.     Code  of  Civil  Procedure,  §  534. 
Power  of  by  Irrigation  Dists.     Code  of  Civil  Procedure,  §   1238. 
Rules  of  pleading  and  practice  in.     Code  of  Civil  Procedure,  §§   1237-1204'. 
Valuation  bv   railroad  commission.     Const.   .\rt.  XII,   §   23a. 
Public  Utilities  Act,  §  47;  Statutes  1917,  p.  261. 
Fishways.  over  or  aroTind  dams.     Penal  Code,  §   •i37. 
Flood,  "protection  by  districts  having  area  exceeding  .''lOO.OOO  acres.     Statutes  1915, 

p.  1. 
Highways,  protection  from  overflow  of  ditches.     Political  Code,  §   2737. 
Imperial  irrigation  district. 

Bonds  legalized.     Statutes  1915.  p.  18. 

Flood  iirotection  authorized.     Statutes  1915,  p.   1. 
Purchase  of  California  Development  Company  authorized.     Statutes  1915.  p.  343. 
Injunction. 

Restraining  sale  of  district  or  municipal  bonds ;  petitioner,  if  a  competitor,  pays 
all  costs  if  injunction  finally  denied.     Code  of  Civil  Procedure,  §  5266. 
To  prevent  diversion  of  water,  when  issuable.     Code  of  Civil  Procedure,  §  8  530, 
532,  534. 


i 


APPENDIX.  175 

Irrisntiou  districts,  county. 

Viilidatioa  ot.     )<t<iliitcs  1015.  p.  48. 
Jiaudato. 

Orderius   delivery    of   water   for   irrisatiou    not    stayed   pending   appeal.     Code    of 
Civil  I'rocriliirc.   §   lllOo. 
Modesto  irrigation  district  created.     Utaftites  ISTT-S,   p.  S20.      (Obsolete.) 
Municipal  utility  districts.     Statutes  1921,  p.  24.5. 
l'o\yer  pumping  districts,  county.     Statutes  IM.'i,  p.   14S3. 
Public   utility   districts.     St<itutes   ISIIS.   p.    4."i(l.     Statutes   191."),    p.    860;    amended 

1021,  p.  2t>2.     Statutes  1021,  p.  '.)&>. 
Public  \yorks,  liy  day's  labor.     Statutes  192::i,  p,  10.53. 

Riparian  o\yners.       I>iability  for  cutting  of  banks.     Political  Code,  §§  3486,  34S7. 
Santa  Clara   County   irrigation  district.     Statutes   1921,   p,   1523.      (Not  in  effect; 

district  electors  disaiiproverl  organization.)      Amended  1923,  p.  1215. 
Underground  storage  of  water.     Statutes  1910,  p.  820. 
Validation  of  irrigation  districts. 

Irrigation  districts  began  in  1911  tlie  practice  of  obtaining  special  legislative  acts 
of  validation.     Following  are  statutory  references  to  such  acts: 

Anderson-Cottonwood.     Statutes  1915,  p.  74. 

Bauta-Carbona.     Staliites  1021,  p.  81. 

Baxter  Creek.     Statutes  1017,  p.  227. 

Beaumont.     Statute  1921.  p.  2.5. 

Butte  Valley.     Statutes  1021.  p.  .50: 

Byron-Bethany.      Statutes  1021.  p.  30. 

Carmichael.     Statutes  1917.  p.  12. 

Crooks  Canyon.     Statutes  1921,  p.  58. 

Fair  Oaks.     Statutes  1010.  p.  37. 

Fall  River  Valley.     Statutes  1923,  p.  20. 

Foothill.     Statutes  1921,  p.  73. 

Fresno.     Statutes  1021,  p.  72. 

Glenn-Colusa.     Statutes  1921,  p.  64. 

Grenada.     Statutis  1021.  ii.  72. 

Happy  Valley.     Statutes  1017,  p.  906, 

Honcut-Vuba.     Statutes  1021.  p.  78. 

Hot  Spring  Valley.     Statutes  1921,  p.  75. 

Imperial.     Statutes  1011    (extra  session),  p.  119. 

.Tacinto.     Statutes  1019,  p.  32. 

.James.     Statutes  1921.  p.  76. 

Kasson.     Statutes  1021,  p.  81. 

Klamath-Shasta  Valley.     Statutes  1923  p.  193. 

Knightsen.     Statutes  1921,  p.  71. 

Laguna.     Statutes  1921,  p.  75. 

Lakeland.     Statutes  1023,  p.  437. 

La  Mesa,  Lemon  Grove  and  Spring  Valley.     Statutes  1915,  p.  323. 

Lemoore.     Statutes  1921,  p.  73. 

Liadsay-Strathmore.     Statutes  1917,  p.  15. 

Madera.     Statutes  1921.  p.  76. 

Medano.     Statutes  1021.  p.  77. 

Mendota.     Statutes  1923,  p.  323. 

Merced.     Statutes  1021.  p.  SO. 

Modesto.     Statutes  1011,  n.  262. 

Mojave  River.     Statutes  1923,  p.  20. 

Naglee  Burk.     Statutes  1921  p.  78. 

Oakdale.     Statutes  1911,  p.  262;  1915,  p.  56. 

Oroville- Wyandotte.     Statutes  1921,  p.  78. 

Owens  Valley.     Statutes  1923.  p.  134. 

Paradise.     Statutes  1917,  p.  13. 

Princeton-Codora-Glenn.     Statutes  1917,  p.  228. 

Red  Rock  Creek.     Statutes  1919,  p.  124;  Statutes  1923,  p.  .300. 

Riyerdale.     Statutes  1921,  p.  75. 

San  Y.sidro.     Statutes  1013.  p.  25. 

Scott  Valley.     Statutes  1021,  p.  59. 

South   San  .Toaquiu.      Statutes  1911,   p.  262. 

Stinscn.     Statutes  1023.  p.  106. 

Stratford.     Statute^  1017.  p.  14. 

Surprise  Valley.     Statutes  1921,  p.  59. 

Terra  Bella.     Statutes  1017,  p.  14 

Tracy-Clover.     Statutis  1023,  p.  440. 

Tranouillity.      Statutes   1010.   p.   124. 

Turlock.     Statutes  1911,  p.  261. 

Waterford.     Statutes  1915,  p.  1249. 

West  Side.     Statutes  1017,  p.  15. 

West  Stanislaus.     Statutes  1921,  p.  30. 

Williams.     Statutes  1921,  p.  64. 


176  APPENDIX. 

Water. 

Appropriation    of.     CivU  Code,    §§  l-HO-1422 ;   supei-seded,   at   least   in   part,   by 

tlie  Water  Commission  Art. 
Contracts  relating  to  sale  and  distribution.     Statutes  1901,  p.  331. 
Lieu  of  contract  to  furnish  for  irrigation.     Statutes  1923,  p.  710. 
Miner's  inch  defined.     Statutes  1901,  p.  G60. 
Stealing  of.     Prnal  Code,  §  -WO. 
Water  Commission  Act.     Statutes  1913,  p.  1012;  amended  1917,  pp.  194,  195,  231, 
284,  746;  1919,  pp.  511,  1193;  1921,  pp.  442,  -443,  482,  543;  1923,  pp. 
51,  124,  161,  162. 
Water  companies,  cancellation  of  stock  by.     Statutes  1923,  p.  757. 
Water  districts. 

County    water   districts.     Statutes   1913,   p.   1049;    amended    1915,    p.   20;   1917, 

p.  225 ;  1919,  p.  816 ;  1923,  p.  318. 
County  water  works  districts.     Statutes  1913,  p.  785;  amended  1915,  p.  1188. 

Bonds  of.     Statutes  1915,  p.  1211. 
JIuuioipal  water  districts.     Statutes  1911.  p.  1290;  amended  Ex.  Sess.  1911,  p.  02; 

1915.  p.  921;  supplemented  1917,  p.  1.58. 
Municipal  corporation  may  transfer  works  to.     Statutes  1923,  p.  316. 
Organization  by  county  supervisors  upon  petition.     Statutes  1913,  p.  815;  amended 
1917,  p.  1408 ;  1921,  p.  1142. 
Water  pipes. 

Injnry  to.     Pcual  Code,  §  624. 
Water  resources  of  state. 

Investigation  of  conditions  and  preparation  of  plans.     Statutes  1921,  p.  1685. 
West  Side  irrigation  district. 

Created.     SfsfH/cs  1875-6,  p.  SS5;  1877-8,  p.  408.      (Obsolete.) 
Workmen's  Compensation  Act. 

Irrigation  district  subject  to  provisions  of  §  7 ;  Statutes  1919.  p.  913. 


INDEX. 


ACTIONS.  Page 

Limitation   of 62 

Consolidation   of   62 

Re    validity    of    bonds 60 

AGREEMENTS.      See  Cooperation. 

AGRICULTURAL,  EXPERT.     See  Appendix. 

APPENDIX     174 

ASSESSMENT  BOOK.      See  also  Appendix. 

Evidence  of  what   51 

Time  for  completion  of 42 

ASSESSMENT   FOR  COMPLETION   OF  WORK 40 

ASSESSMENT  OF  PUBLIC  LANDS  SUBJECT  TO  ENTRY. 

Assessment  a  lien 78 

Notice   served   on    Surveyor   General 78 

State  lands  in  district  to  be  assessed 78 

ASSESSMENTS.      See   also   Taxes  ;    Tax.4TI0n. 

Bond  payments,  for 40 

Equalization   of 42 

Ob.iections  to   42 

hearings    on    42 

Time  of  equalizing 42 

ASSESSMENTS.  PAYMENTS  IN  TWO  INSTALLMENTS. 

Assessments   76 

delinquent   when   76 

Effect  of  act 76 

Rescinding    of    76 

Resolution    by    directors 76' 

ASSESSMENTS,  SPECIAL. 

Election  on  question  of 56 

Rate  of,  how  ascertained 57 

ASSESSOR. 

Deputies  of 42 

Duty    of    41 

BOND    CERTIFICATION   COMMISSION. 

Bonds 79 

available  as  legal  investments 79 

Certification    by   State   Controller 80 

of  bonds   as   needed 81 

Controller's   certificate,   form   of 81 

Expenditures  not  to  be  made  without  consent  of  commission 81 

Expenses 82 

Membership    of    82 

Report     of    79 

Water    districts,    supervision    of 111 

BONDS.     See  also  Appendix  :  Indebtedness. 

Annual    assessment   for   payment   of 40 

Certified  legal  investments  for  trust  funds 83 

Denominations   of 36 

Election  for  sale  at  less  than  par 40 

Exchange    for    plant,    when 59 

Exchange  of,   action   to  determine  validity 59 

Funding  and  refunding  bonds 39 

How    payable    37 

Interest    on    36 

payment  of 52 

Life  of 36 

Official   25 

Payment,    where    10 

Redemption  of 52: 

Sale    of    38- 

Sinking  fund   for   retirement 43 

Tax    exemption    10" 

Validity  of.  action  to  determine 60 

assessment  payer  may  bring  action  to  determine 61 

rules  of  pleading   62 

When    payable    37 

BONDS,    ISSUANCE    OF 33: 

Election    for   36' 

ballots,    questions   on 36 

Improvements,   estimate   of  money  for 33 

Irrigation    District    Bond    Commission 34 

estimate    submitted    to 34 

Order  determining  amount  of 34 

Purposes    for    33 

Special    election    for 35 

BONDS,  REFUNDING. 

Assessment   for  payment  of  interest  and  principal 84 

Election  on  question  of 84 

Form    of    84 

12 — 27968 


178 


INDEX. 


BONDS,  UNSOLD,  DESTRUCTION  OF 

Election _'_     Page 

notice  of ~_3 ~" ^3 

Election    on    question    of I IIIIIZ  ''' 

Two-thirds  majority  required Z Z           ~  "  P 

BOUNDARIES,  CHANGE  OF.      See'Exclu'sToN" ZYNcTuiroN " 

BRIDGFORD  act'!."    _!L'°"i''l'!7"''  """^"^  ^'^'^^ 95 

„.T  ?'*?'■'  °"   °'<'   districts,   pending  actions,  "etc  I] 

CALIFORNIA   IRRIGATION   DISTRICT   ACT  Z If 

Citations,   general 11 

Effect  on  prior  acts  and  existi'ng  rights ■'^'  I*. 

Formation,  outline  of  procedure ~  '* 

Time  of  taking  effect "  8 

Title    of    act-__ ZZZ'Z'ZZZ ^* 

CANALS.     See  also  Appendix            "  112 
Injury  to  or  theft  of  water  from... 

Leasing  of 85 

Overflow  of  highway Z Z.Z Z"ZZZ"ZZZ  ^^ 

cemenVp£"A4I^"^"^ '"'■'"^ '^'s"'^"^'^"'"^"^"  "o 

COMPLETION    OF    WORKS ZZZZZ'ZZZ ^^^ 

Assessment    for "        "  40 

CONDEMNATION   PROCEEDINGS  i° 

CONSOLIDATION    OF  DISTRICTS-ZZ 24 

Election " "  »6 

Indebtedness,  apportionment~of     _Z__Z  II 

Investigation    *>' 

Name  of ~  86 

Offices  of 88 

Petition ZZZZZZZZZ ^'^ 

Powers    of    _Z 86 

Report    of    State    Engineer.__Z-_      "  ^? 

coNTilTs^'°''-^^  PROVISIONS  -iiiinnzzzzzzzzzzzzzzzzzzzzzzzzzzzzz  ^9 

8oNviY?N|'fs'™"'^^"'^"^^^'^-^""°^                                                                         li 

cooveAatIv^'aTi^^^^entT'"''"^''''  °^  worksZZZZZZZZZZZZZZZZZZZZZZ  U 

C0R^?^^l?SM'?-l3R^'J}i^'^-'-'« 

stock,   purchase   bv   district 

Supervision   of ~  "  22 

DIRECTORS.                           ~  96 

Compensation  of 

Election  of Z Z      ■  ^'^ 

General   powers  of ZZ  ^^ 

Not  to  be  interested  in  contracts Z  H 

Number  of o6 

Number  of,  how  changed Z  ^t 

Qualifications   of -  -  -  ^U 

DIRECTORS,  BOARD  OF.  29 

Duties   and   powers  of „„ 

Meetings   of ~  20 

Organization  of  __   __"_        ~                 ■  „„    20 

DISSOLUTION  OF  DISTRICT  20,  26 

Involuntary    

conditions  for Z Z"  ^"^ 

investigation    by    State    Engineer ZZ  JSo 

property,    disposition    of    __   ._ Jx^ 

quo   warranto    (foot-note) Z-_.  JS* 

Voluntary " 103 

a'se^sjij^nf   "r'^  on'FropVrtrwiIhrnThe""dTsIric'tZZZZZZZZZZZ'Z lo? 

assessment  payer  may   bring  action inT 

corporation    organized  to  take  over  property_._  Z  1  ni 

debts  barred  by  statute  of  limitations—.     .       Z InJ 

election  to  decide l"2 

funds,    balance    of,    apportioned-_Z._  J? 

petition  for ^"i 

procedural  rules 98 

superior    court,    action    in     ~  l"! 

DISTRICTS     ENUMERATED     10" 

DISTRICTS  IN  OTHER  STATES ^ 

Cooperation    with 

DIVISION     OF    DISTr'iCT  ^9 

DRAIN.\GE 18 

ELECTION  OFFICERS  l^S 

Powers  and  duties  of 


INDEX. 


179 


29 
28 


ELECTION  PRECINCTS.  P^fe 

Change    of    

ELECTIONS.  ,, 

Ballots %!■ 

Canvassing   returns   -^f. 

Contest    ot    J„ 

For  sale  of  bonds  at  less  than  par «;) 

Manner  ot  voting ^i 

Nominating    petitions    ;' 

Notice  ot ;;" 

Officers    of    , 

Result,    statement    of    

Votes,  canvass  of ,„ 

counting  of 5? 

Voting,    how   conducted -° 

ELECTIONS,    GENERAL. 

If  not  held ii 

Irrigation   district   officers   to  be   elected ^? 

Official  bonds "^ 

ELECTORS.  .  „ 

Qualifications   of   •'^ 

ELECTRICAL  POWER,    DEVELOPMENT   OF. 

Bonds  may  be  issued  for :}"° 

Irrigation   district   board,   powers   of :["° 

Irrigation    district    may    develop    ^"° 

Irrigation  district  officers,   power  of |"° 

Power  lines,  rights  of  way  for ■■■"' 

EMINENT  DOM.AIN.      See  also   Appendix -■* 

Irrigation  a  public  use ■'^" 

Proceedings    „;; 

Right   ot   °" 

EXCLUSION   OF   LANDS °2 

Assent    of    bondholders "2 

Boundaries,   change  of  to  be   recorded °^ 

ot  district  may  be  changed  for °^ 

District,   division  of 5? 

Hearing  on 5| 

Lands  excluded  not  released  from  liabilities °° 

Office  of  director  of  excluded  division  declared  vacant o? 

Organization  not  affected 5^ 

Petition  of  owners  for ^j 

Power  of  board 5; 

Publication    ot    notice .. 

Release  from  lien „„ 

Rights  of  guardian,  administrator  or  executor <"> 

ERRORS.                                                          .   ,  fi. 

Court    must    disregard    insubstantial ^ 

FEDERAL  GOVERNMENT.  „, 

Cooperation    with    

FINANCIAL    CONDITION.  21 

Publication    of    

FORJIATION  OF  DISTRICT.  jo 

Canvass   of  votes   -,. 

Information,   furnished   by   State   Engineer |" 

Maioritv  vote  determines  organization :J» 

Order   declaring   organization,    filed   with   county   recorder |3 

Petition,    form    and   contents   of it 

genuineness    and    sufficiency    of ..  _ 

supervisors'    finding   conclusive j' 

supervisors,    to   reaffirm    conclusions |° 

Petitioners,   who   may   be 

PTJNDS.                                                                                                                                        __  60 

Creation  of , ■ 7-7 — "  oa 

Transfer  of  unexpended  balance  to  general  fund o" 

GENER.^L   PROVISIONS ins 

HIGHWAYS.  INJURIES  TO,   PENALTIES  FOR-      "S 

IMPERIAL  IRRIG.\TION   DISTRICT.      See  aJso   Appendix. 

Authority   to   purchase  foreign  corporation   stock J 

IMPOUNDING  WORKS.                                                                                                  gg 

Supervision    of    

IMPROVEMENTS.  4, 

Exempt  from  taxation 

INCLUSION    OF   LAND.                          .  g. 

Boundaries  of   district,   change   in gg 

election,  notice  of g^ 

may   be   changed   for go 

resolution    describing gg 

Condition   precedent   yn 

Election,  majority  vote  to  decide i" 

Order   of   board   to   be   recorded i„ 

Petitioners   may   be   required  to   pay  prior   assessments o» 

Petition,   hearing  of g„ 

notice  of  filing  of -q 

Petition    to   be   recorded   in   minutes ^)j 

Procedure    for    YO 

Redivision    of    district ^-'.-----\ 7n 

Rights  of  guardians,  executors  and  administrators '" 


180 


INDEX. 


INDEBTEDNESS.     See  Bonds. 

INDEBTEDNESS,  BONDED,  REDUCTION  OF.  Page 

Bondholders,   assent  of   71 

Election,  notice  of 71 

on  question  of 71 

INDEBTEDNESS,    INCURRING   OF. 

Bonds,   exchange   of 57 

validity   of   bonds   determined 59 

Irrigation    worl<s,    directors   may   purchase 59 

Power,  restricted : 59 

Warrants  wlien  not  paid  to  draw  interest 58 

INTRODUCTION    5 

INJUNCTION.      Sec  Appendix. 

INVESTMENTS.     .See   also   Appendix;    Bond   Certification   Commission. 

District  bonds  become  available  for,  when 79 

IRRIG.\TION   A    PUBLIC  USE 110 

IRRIG.\T10N  DISTRICT,  COUNTY.     See  Waterworks  Districts. 

IRRIGATION  DISTRICTS. 

Conservation    districts    included    in   term 83 

Con.<;olidation    of   86 

Enumeration  of 6 

Lands  of,  may  be  included  in  water  district 111 

IRRIGATION  WORKS. 

Penalty   for   injury   to 85 

LANDS.     See  Exclusion  ;  Inclusion. 

LEGISLATIVE    SUPERVISION    10 

LIMITATION    OF    .ACTIONS 62 

MAND.4TE.      See  Appendix. 

MATERIALS. 

Manufactured   bv  district 109 

MONET.    UNEXPENDED 60 

NAME  OF  DISTRICT 74 

OFFICERS. 

Bonds  of 25 

Compensation  of 56 

Consolidation    of    IS 

Election   of 18 

canvass  of  votes 19 

Penalty  for  violation   of  duty 62 

Recall    of    31 

Tenure  of  office 20 

OFFICES. 

Consolidation   of   29 

Term,   when    begins    26 

Vacancies,  how  filled 29 

ORGANIZATION. 

Complete  upon  filing  of  order 19 

District    11 

Election  on 18 

PLANT. 

Penalty    for    injury    to 85 

POWER   LINES. 

Rights    of    way    for 107 

PROPERTY   OF   DISTRICT   EXEMPT   FROM   TAXES 60 

PROPERTY   OUTSIDE   OF   STATE 90 

PROPERTY,  TITLE  OF  VESTS  IN  DISTRICT 33 

PUBLIC    USE.    IRRIGATION    IS 110 

Water   dedicated   to,   when 10 

QUO   W.\RRANTO. 

(Foot-note)    103 

RESERVOIRS. 

Supervision    of    96 

RIGHTS  OF  WAY 55 

RO.\DS.        See  also   Highways 108 

ROCK    QUARRIES    109 

SAND    PITS    109 

SA\aNG    CLAUSES. 

Existing  districts  and  right  not  affected 73 

STATE  ENGINEER.     See  also  Water  Storage  Districts. 

Investigation  re  security  of  bonds 79,  83 

Supervision   of   dams 96 

Water   storage    districts,    powers   respecting 112,  148 

STATES,    ADJOINING. 

Cooperation    witli   districts    in 89 

STATUTE    OF    LIMIT.ATJONS    62 

STATUTORY    PROVISIONS     11 

SUPPLEMENTAL  LEGISLATION 174 

SUPPLIES. 

Manufactured  by  district   109 

TAX.\TION. 

Bonds    exempt    from 10 

Exemption   from   60 

Improvements  exempt 41 


INDEX.  181 

TAXES.  Page 

Assessment  becomes  a  lien,  when 46 

Assessment  book  evidence  ot  what 51 

Assessment   for  payment   of   interest,   principal   and  rentals 43 

Assessment,  improper,  may    be   cancelled 47 

Assessment  ot  land  omitted 45 

Assessment,  unpaid   tolls'"  part  of 46 

Assessments,    delinquent,    when 47 

due  notice  of 47 

neglect    to    make    44 

suit  to  collect 47 

Deed   of  land   sold 50 

Delinquent    notice,    publication    of 47 

delinquent   list   48 

sale,  date  of 48 

Delinquent,  sale  for 48 

certificate    ot    sale 49 

district  may  purchase 49 


property 


48 


record  book  of  sales ^0 

resale  in  default  of  payment 49 

rights  ot  owner  of  realty 49 

Delinquent   taxes  not   bar   to   dissolution 50 

District  attorney,  duty  of 45 

Extension    of    time 45 

Levy   and  collection   of 43 

deputies  may  be  appointed 29 

Misnomer  does  not  invalidate  sale  of  property 52 

Redemption    from    sale 50 

Secretary  of  board,  duty  ot 44 

Settlements  between   secretary  and  collector 52 

Sinking  fund    43 

Tax  deed  evidence  of  what 51 

TERRITORY.     .See  Exclusion  ;  Inclusion. 

TITLE  TO  PROPERTY 33 

TW'ENTY  TE.\R  EXTENSION  ACT. 

Cooperation    under    "^ 

UNDERGROUND  STORAGE.      See  Appendix. 

UNITED  STATES.  ., 

District  cooperation  under  twenty  year  extension  act 91 

District    cooperation    with    reclamation    service 91 

VALIDATING    ACTS.      See    Appendix. 

WARR.USTTS  .DRAW  INTEREST.  WHEN 58 

WATER.      See    also    Appendlx. 

Apportionment    of    24,  59,  bO 

Diversion  to  other  state  for  cooperative  uses 9U 

Public    u.se,    when J^ 

Rules  and   regulations   for  use   of ^'* 

WATER   CONSERVATION  ACT. 

Assessments,    apportionment    of    expense "» 

bonds   |25 

estimate    of    expenses |'" 

Bonds,    certification    commission    |°J 

certification  of "j 

issued  bv  constituent  districts ^°° 

procedure  of  each  unit  to  govern J^°* 

Claims                                                '■"' 


Contracts 
Debts 


^g^ 

IIIIIIIIIIIIIIIIII"! 1^" 

Directors,    assessments    J^^ 

compensation    and    meetings    |°* 

contracts , ..    ,5., 

election    of    i?T 

limitations  on f 'J 

nomination   of    |°; 

not  to   be   interested   in   contracts i-i^ 

oath  of  office j°- 

organization   of   ^°^ 

powers  and  duties I""'  ^°° 

qualifications    jS^ 

records ii, 

secretary  of irS; 

treasurer if.': 

water  and  power  survey :|°^ 

Election,  on  formation |2? 

Electrical   power   t:'^ 

Eminent   domain ,;° 

Organization  of  district,  election :|2| 

hearing    r2i 

notice   of   hearing                             '^'"' 


order  establishing  district- 


160 


petition    J|? 

power   to   organize ^°" 


182  INDEX. 

WATER   CONSERVATION    ACT— Continued.  Page 

Property,  title  to 172 

Records,  etc.,  of  district 172 

State   Irrigation    Board. 

created     154 

officers   and   employees 154 

order    ci'eating    district 160 

power    to    organize    district 155 

records,   etc.   172 

water   and  power   survey 15S 

Tax    exemption    171 

Term  "irrigation  district"  includes  water  conservation  districts 83 

Title  of  act 173 

A''ested    riglits,    not    impaired 173 

Water  power,  apportionment  of 158 

survey   by   directors _   _   _  165 

WATER  DISTRICT.     See  also  Appendix. 

Inclusion   of  territory  already  part  ot  an  irrigation  district 111 

WATER.   LEASE   OF. 

Autliority  of  board  to  lease 57 

Bond  o(  lessee 72 

Forfeiture   of   72 

Length  of 72 

Procedure,     manner    of 72 

Proposals,    opening   of 72 

Rentals    72 

WATER    REGUL-A.TION    24,  59 

WATER   STOR.^GE   DISTRICTS. 

Actions,     conduct     of 151 

consolidation    of    151 

Adjustment  board 122-125 

Assessments   152 

omission   of  land   from 152 

payment   of,    in   full 125 

unpaid,  collection  of 125-127 

Assessments,    special    127 

when  and  how  made 127 

Assessments,    supplemental,   manner  of  levying 127 

Bonds,    certification    o7 128 

election   for   issuance   of 128 

form    of    130 

how   issued   128 

proceeds  of ^ 131,  134 

sale  of 131 

validation    ot    128 

when   issued   128 

when  payable 12S,  129 

Claims,   payment  of 138 

Commissioners,   assessment   of  project  by 122 

Contest  of  elections 146 

Directors,    board   of,    compensation    of 139 

construction   and  maintenance   of   works 137 

dissolution    of    district 152 

general    powers    135 

indebtedness,    incurring  of 139 

meetings    of   119 

officers  not  to  be  interested  in  contracts 139 

organization    of    119 

powers   and    duties   of. 119,  135 

provisions  for   defraying  preliminary   expenses 119 

report  of 120 

report   on   pro.ieet , 120 

reports  to  State  Engineer  of  work  done 138 

right  of  w.ay  privileges,  power  to  grant 138 

tenure   of  office   118 

water,    distribution    of 139 

Duty,   neglect   of   official   to   perform 151 

violation   of,   by  officer,  penalty   for 152 

Elections,    general    140 

ballots    141 

canvass  of  votes 142 

counting  of  votes 142 

election  officers,  appointment  of 141 

powers   and   duties    of 141 

elections,  special,  provisions  for 144 

elections,  when  held 140 

manner  of  voting 1'41 

nominating   petitions    141 

notice   ot   141 

officers  to  be  elected 140 

precincts,  establisliment  of 140 

proxy   117 

results,  statement  of  143 

voters,   qualification   of   140 

voting    141 


INDEX.  183 

WATER  STORAGE  DISTRICTS — Continued.  Page 

Elections,   special,    iiow   field 146 

Electrical  energy,  distribution 136 

Executive    directors,    appointment    of 112 

powers  and  duties  of 112 

General    provisions    146 

Land,  value,  determination  of 147 

ownership,    determination    of 147 

Neglect  of  official  to  perform  duty 151 

Officers,    recall   of   144 

terms   of,    beginning  of 144 

Official  bonds 1 143 

Organization     of     district 113 

directors,  election  of 117 

election  for 117 

canvass  of  votes 118 

order    on,    filing   of 118 

voters,    qualification    of 117 

petition  for 115 

hearing   on    115 

order   on    116 

who  may  propose   114 

Penalty  tor  violation  of  duty  by  officer 151 

Proceedings,  record  of 149 

Property,    disposition   of 149 

exemption    from    taxation 151 

title  to 149 

Publication,   how  made 148 

where    made    148 

Public   use,    declaration   of 150 

Report,    favorable,    election    on 122 

State  Engineer,  action  on  adverse  report .•■ 121 

action   on   favorable   report 122 

additional    duties    of    148 

commissioners,    appointment    of,    by 122 

powers  and  duties  of 112 

Taxation,   property  exempt  from 157 

Title   of   act 152 

Vacancy    in   office,    how    filled 143 

Vested  rights  shall  not  be   impaired 153 

Warrants,  interest  on,  unpaid 149 

how  drawn   149 

payment  of 149 

WORKMEN'S     COMPENSATION    ACT,     DISTRICTS     SUBJECT     TO.     See 

Appendix. 
WORKS,   CONSTRUCTION  OF. 

Bids  for 53 

Claims,   payment   of 54 

Improvements  to  be  paid  for  from  construction  fund 55 

Investigations    by    State    Engineer 54 

Reports   to   be   forwarded   to   State   Engineer 54 

Right    of    way 55 

WORKS,  PENALTY  FOR  INJURY  TO 85 

WRIGHT   ACT   11 


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